M.K. was convicted of indecent assault and sexual assault against his niece, R.K., occurring between 1981 and 1987 when R.K. was a minor.
The court applied the Kienapple principle, entering a conditional stay on the indecent assault charge and sentencing M.K. on the sexual assault conviction.
The Crown sought a custodial sentence of two years less a day, while the defence argued for a conditional sentence.
Considering M.K.'s Indigenous background, advanced age, lack of criminal record, and the victim's impact statement, the court emphasized denunciation and deterrence.
The judge found M.K. showed no remorse and was a poor candidate for a conditional sentence, ultimately imposing a 15-month period of incarceration (less credit for pre-trial custody) followed by 18 months of probation, along with ancillary orders.
