Following a guilty plea to sexual interference, the court conducted a Gardiner hearing to determine whether repeated additional acts of sexual abuse against a child had been proved beyond a reasonable doubt.
Applying the W.(D.) framework, the court accepted the complainant's evidence, rejected the offender's denials, and found repeated sexual abuse involving multiple incidents over about a year, aggravated by the complainant's young age, the familial relationship, and a grave breach of trust.
On sentence, the court emphasized denunciation and deterrence in accordance with the governing authorities on child sexual offences, while also considering age, lack of record, caregiving responsibilities, mild cognitive impairment, and limited remorse.
A 3-year penitentiary sentence was imposed together with DNA, SOIRA, weapons prohibition, child-contact prohibition, and non-communication orders, with the victim fine surcharge waived.
