The appellant appealed sentence only after a conviction for sexual assault arising from the assault of a nurse in the course of a nurse-patient relationship.
He argued the sentencing judge failed to adequately explain the refusal of a conditional discharge, overemphasized aggravating factors, underweighted mitigating factors including immigration consequences, and imposed a demonstrably unfit sentence.
The appeal court held that the sentencing reasons, read functionally and contextually, sufficiently explained why a discharge would be contrary to the public interest, particularly given the persistent conduct, workplace setting, impact on the victim, and criminal record.
The court further held that the suspended sentence with 18 months' probation was proportionate and within the range for comparable relatively minor sexual assault cases.
