The accused pleaded guilty to sexual touching and making child pornography involving his partner's 11-year-old child.
The Crown sought a total sentence of 30 months, while the accused argued for 12 to 18 months and challenged the constitutionality of the mandatory consecutive sentencing provision under s. 718.3(7) of the Criminal Code, claiming it violated s. 12 of the Charter.
The court dismissed the Charter challenge, finding that a 30-month sentence was proportionate given the serious breach of trust and harm caused to the child.
The accused was sentenced to 18 months for sexual touching and 12 months consecutive for making child pornography.
