D.M. was found guilty by a jury of sexual assault, being a party to sexual assault, sexual interference, and inciting sexual touching involving J.B., his stepson.
The offences involved D.M. forcing J.B. to have sexual intercourse with his biological mother (M.M.), D.M.'s wife.
The court applied the Kienapple principle, convicting D.M. on the charge of being a party to sexual assault under s. 272 of the Criminal Code, and conditionally staying other counts.
Considering aggravating factors such as the egregious breach of trust, the two incidents, the forced incestuous acts, and D.M.'s lack of insight and amenability to treatment, the court imposed a sentence of eight years' imprisonment, less credit for pre-sentence custody, along with various ancillary orders including a DNA order, SOIRA registration for life, firearms prohibition, and a s. 161 prohibition order.