S. Jack

J.H. pleaded guilty to sexual touching and invitation to sexual touching involving his intimate partner's 10-year-old daughter.

The offences occurred over four months, involving multiple incidents and a significant breach of trust.

Aggravating factors included the victim's age, the familial relationship, the nature and duration of the abuse, and the profound trauma inflicted, leading the victim to leave Canada.

Mitigating factors included J.H.'s lack of prior criminal record, early guilty plea, full confession, genuine remorse, and proactive engagement in sex-offender specific therapy, which reduced his risk of re-offending.

The court emphasized denunciation and deterrence, guided by Supreme Court and Court of Appeal jurisprudence calling for increased sentences in child sexual abuse cases.

The Crown sought 5-6 years, while the defence sought 4-5 years.

The court imposed a sentence of 4 years imprisonment, concurrent on each count, along with a SOIRA order for life, DNA databanking, and a 10-year s. 161 order with specific prohibitions.

The accused, a loss prevention officer at a retail warehouse store, was charged with two counts of theft over $5,000 under s. 334 of the Criminal Code following a coordinated diversion theft captured on store security footage.

The Crown alleged the accused orchestrated the diversion by sending other employees away from the store entrance to allow accomplices to remove merchandise.

The evidence against the accused was entirely circumstantial and relied heavily on video recordings and witness testimony describing the accused directing staff away from the entrance moments before merchandise exited.

The court found the Crown proved that a theft exceeding $5,000 occurred but held that the evidence did not establish beyond a reasonable doubt that the accused participated in the theft.

Suspicion alone was insufficient to meet the criminal standard of proof.