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Offender sentenced to 4 years' imprisonment for sexual interference against an 8-year-old special needs victim.
The offender, a 27-year-old man with intellectual delays and a traumatic upbringing, was found guilty of sexual assault, sexual interference, and invitation to sexual touching against his girlfriend's 8-year-old daughter, who had special needs.
Applying the Kienapple principle, the court entered convictions only for sexual interference.
Emphasizing the Supreme Court's direction in Friesen that sentences for sexual offences against children must prioritize denunciation and deterrence, the court sentenced the offender to 4 years' imprisonment and imposed various ancillary orders, including a 10-year s. 161 prohibition order.
Accused found guilty of sexual offences against a minor based on DNA evidence and police confession.
The accused was charged with sexual assault, sexual interference, and invitation to sexual touching involving a young girl with disabilities.
The Crown relied on the complainant's video-taped statements, DNA evidence found on a used condom, and the accused's inculpatory statements to police.
The accused recanted his confession at trial, claiming it was false and induced by his nonverbal learning disability.
The court rejected the false confession claim, found the DNA evidence and confession corroborated the complainant's statements, and found the accused guilty of the sexual offences.
