The appellant appealed a nine-month custodial sentence imposed after a guilty plea to sexual assault.
He argued the sentencing judge erred by failing to impose the shortest sentence consistent with denunciation and deterrence and by rejecting a conditional sentence as insufficiently denunciatory.
The appeal court held that the sentencing judge expressly considered a conditional sentence, properly emphasized denunciation and deterrence given the complainant's vulnerability, and committed no error in principle.
The sentence at the upper end of the range was upheld and the appeal was dismissed.
