The Crown appealed a Manitoba Court of Appeal decision reducing a six-year sentence for sexual interference with a four-year-old child to four and one-half years.
The sentencing judge had employed a higher starting point despite the absence of a formal trust relationship, relying on the aggravating nature of the offence.
The Court of Appeal found an error in principle.
The Supreme Court allowed the Crown's appeal, holding that the Court of Appeal mischaracterized the sentencing judge's reasoning and that no error in principle was made.
The Court provided comprehensive guidance on sentencing for sexual offences against children, directing that sentences must increase to reflect Parliament's legislative initiatives and society's deepened understanding of the wrongfulness and harmfulness of sexual violence against children.
