Accused pleaded guilty to sexually assaulting his 16 year old step-daughter. Offences included touching the complainant’s breasts (under clothing) and kissing her neck while she was sleeping in her parents’ bed. Approximately 15 similar incidents. Crown proceeded summarily and sought 6 months jail. Defence applied for a CSO. Accused (58 with no record) confessed to police, demonstrated remorse, and had undertaken significant efforts aimed at rehabilitation.
Held: 6 months jail.
Aggravating factors included the breach of trust and the fact that there were multiple incidents. Accused’s level of moral blameworthiness was high. A CSO would be inconsistent with the fundamental purposes of sentencing. “The Alberta Court of Appeal has consistently stated that where children have been sexually abused, the primary objectives of sentencing are denunciation and deterrence.”
H. Wolch – Defence Counsel