D.L. pleaded guilty to sexual interference and manufacturing child pornography involving his stepdaughter, A.W., who was 13-15 years old during the prolonged abuse.
The court considered aggravating factors including a profound breach of trust, sexual grooming, the graphic nature of the manufactured child sexual exploitation videos, the variety and prolonged period of sexual activity, and the use of bondage.
Mitigating factors included an early guilty plea and a forensic risk assessment indicating a "below average risk to reoffend sexually," though the offender showed diminished insight.
The court applied the principles from R. v. Friesen regarding upward departure from dated sentencing ranges for child sexual abuse and the non-mitigating nature of victim participation.
Despite the Crown's initial proposed range of 8-10 years, the court imposed a global custodial term of 8 years, comprising 6.5 years for sexual interference and 18 months consecutive for manufacturing child pornography, balancing totality and restraint given the pre-plea Crown position and recent appellate guidance.