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The offender was sentenced to three years and six months' imprisonment for the sexual assault of a young person.
The court sentenced A.S. to three years and six months' imprisonment for sexual assault of a 16-year-old, following a judge-alone trial.
The decision reviews the circumstances of the offence and offender, victim impact, and the applicable sentencing principles, including proportionality, parity, and restraint.
The court considered the aggravating and mitigating factors, the impact of immigration consequences, and the appropriateness of conditional sentences or discharges.
The court found that the gravity of the offence and the degree of responsibility warranted a custodial sentence within the range of three to five years, as established by appellate authority, and imposed ancillary orders including a SOIRA order, DNA order, weapons prohibition, and a no-contact order.
Sexual assault proven; child pornography possession not proven.
The accused was tried on charges of sexual assault and possession of child pornography arising from a sexual encounter with a 16-year-old coworker and an alleged Snapchat photo exchange.
Applying the subjective consent framework and the W.(D.) credibility analysis, the court accepted the complainant’s evidence, rejected the accused’s account on the disputed facts, and found that there was no consent to digital or vaginal penetration.
The court further held that the defence of honest but mistaken belief in communicated consent failed because the accused did not take reasonable steps to ascertain consent and proceeded despite clear indications of non-consent.
The Crown did not establish that the accused occupied a position of trust at the relevant time.
On the child pornography count, the absence of physical evidence and uncertainty about knowing acquisition and possession of the image left a reasonable doubt, resulting in an acquittal on that charge.
