The Crown appealed a conditional sentence imposed after guilty pleas to two sexual assaults involving two sisters, one consisting of repeated abuse of a child over several years and the other a later sexual touching of the adult sister.
The Court of Appeal held the sentence was demonstrably unfit because the sentencing judge failed to give adequate weight to denunciation and deterrence, mischaracterized the conduct as out of character, and relied on unsupported hearsay opinions about risk.
A custodial disposition was required notwithstanding the historical nature of the principal offence, particularly given the later assault showing the misconduct was not isolated.
The appeal was allowed, the conditional sentence was set aside, a sentence of 14 months in the reformatory was imposed after accounting for time served on the conditional sentence, and a DNA order was directed.
