Samantha Kettner

The court sentenced K.H. to four and a half years in the penitentiary for sexual interference, following a jury trial.

The decision details the circumstances of the offence, the offender’s background, the impact on the victim, and the application of sentencing principles, including the relevance of systemic and cultural factors.

The court considered aggravating and mitigating factors, the impact of anti-Black racism, and the Supreme Court’s guidance in R. v. Friesen regarding substantial sentences for child sexual abuse.

Ancillary orders were also imposed.

The accused, Alexander Campbell and Tyler Josling, were charged with manslaughter after restraining Frank Harbalis during a violent incident at a restaurant.

The court considered whether the force used, including a chokehold, was excessive and outside the scope of lawful self-defence or defence of others.

The court found that while a brief chokehold was applied, the actions of the accused were not unreasonable in the circumstances, given the sudden and dangerous situation.

Both were acquitted.