The Crown appealed a 21-month conditional sentence imposed on the respondent for historical convictions of indecent assault and gross indecency against a child.
The Supreme Court of Canada, applying the principles from R. v. Proulx, dismissed the appeal on equal division.
The majority found that the trial judge's decision to impose a conditional sentence was not demonstrably unfit and adequately addressed denunciation and deterrence through strict conditions like house arrest.
The dissenting judges argued the sentence overemphasized restorative objectives and failed to adequately reflect the gravity of the offences and the moral blameworthiness of the offender.
