Crown appeal from 2 year jail sentence imposed in relation to offences including sexual interference and luring. 28 year old accused and 13 year old complainant. No record. ‘De facto consent’ case.
Held: Appeal allowed, 4 years jail imposed.
Hajar, 2016 ABCA 222 now establishes a 3 year starting point for major sexual interference. There can never be consent by a child, de facto or otherwise. “Sexual intercourse with a 13 year old child who is incapable of consent, in consequence of which criminal actions the child’s emotional, psychological and bodily integrity were profoundly violated, in the sanctity of her own home while alone, after criminally pursuing her for months, cries out for a strongly denunciatory and deterring custodial sentence.”
D. Sparks – Defence Counsel