The appellant, convicted of sexual assault, sought leave to appeal his three-year custodial sentence.
The appeal raised two grounds: that the trial judge erred in relying on R. v. A.J.K. as mandating a minimum three-year sentence for penetration, and that she failed to consider relevant R. v. Friesen factors.
The Court of Appeal dismissed the appeal, finding the trial judge did not apply a minimum sentence but rather a fit range, and appropriately considered all relevant sentencing factors, including the seriousness of digital penetration.
