The Crown appealed sentence after failing to disclose, at first instance, a breach of recognizance bearing directly on the offender's ongoing danger to young children.
The Court of Appeal accepted the fresh evidence, held that the six-month conditional sentence was unfit, and emphasized denunciation and deterrence as the paramount sentencing principles in light of sexual abuse of a young victim, breach of trust, invasive conduct, and serious impact on the victim.
Although guilty plea and disclosure of a second incident were mitigating factors, they did not displace the need for custody.
Leave to appeal sentence was granted and a four-month custodial sentence was imposed effective immediately.
