Sentencing for child luring where the offender, while intoxicated, engaged in sexually explicit Kik communications with an undercover officer he believed was a 14-year-old girl, sent adult pornography and a photograph of his penis, and repeatedly pressed for an in-person sexual meeting.
The court applied the Nur framework to assess the fit sentence and the constitutional challenge to the six-month summary conviction mandatory minimum.
Emphasizing Friesen and Parliament's direction under s. 718.01 of the Criminal Code, the court held that denunciation and deterrence were paramount in sentencing sexual offences against children.
After weighing the aggravating and mitigating factors, the court imposed eight months' imprisonment and sixteen months' probation.
Because the fit sentence exceeded the mandatory minimum, the s. 12 Charter issue was moot.
