Thomas F. Balka

The appellant pleaded guilty to sexual touching of his teenage stepdaughters and appealed his sentence, arguing the trial judge erred in denying a conditional sentence.

The Court of Appeal dismissed the appeal, finding no error in the trial judge's conclusion that a conditional sentence was inappropriate due to the appellant's lack of sincere remorse and failure to take responsibility.

The court held the sentence was within the appropriate range given the seriousness of the offences.