This sentencing decision by Justice M. Hornblower in the Ontario Court of Justice addresses the appropriate sentence for J.G., convicted of multiple sexual assaults against his half-sister C.W. spanning from when he was 13 to 18 years old.
The offences involved sexual touching and oral sex but excluded penetrative acts.
The court considered the victim impact statements, the offender's diagnosed mental health conditions including autism spectrum disorder and other social deficits, and the high risk of sexual reoffending.
The Crown sought a four-year incarceration, while the defence argued for a conditional sentence based on the offender's unique circumstances.
Applying the Supreme Court of Canada's principles in R. v. Friesen and relevant Ontario Court of Appeal decisions, the court imposed a two-year less one day conditional sentence followed by three years probation, emphasizing rehabilitation potential in the community setting and the offender's vulnerability in custody.
