The offender, a youthful first-time offender, broke into a home while intoxicated and briefly touched the buttocks of a 13-year-old victim in her bedroom.
He was convicted of break and enter to commit an indictable offence and sexual interference.
The court found the Kienapple principle did not apply to stay the sexual interference charge, as the offences protect different societal interests.
Weighing the aggravating factor of a home invasion against significant mitigating factors including the offender's pro-social background and rehabilitation prospects, the court rejected the Crown's request for a seven-year sentence and imposed a concurrent 15-month sentence followed by two years of probation.
