Accused pleaded guilty to sexual touching contrary to s 151 CC. 29 year old accused and 15 year old victim. Victim consumed alcohol and drugs with the accused. Accused then had vaginal and anal intercourse with the victim. Accused did not take any reasonable steps to ascertain the victim’s age. Accused had a lengthy record with 91 prior convictions (no prior sexual offences). Crown sought 3 to 3.5 years jail citing Hajar, 2016 ABCA 222.
Held: 2 years jail (time served) and 1 year probation.
Several mitigating factors operated to reduce the reduce to below the 3 year starting point established in Hajar, including: (1) a timely guilty plea, (2) several Gladue factors that operated to reduce the accused’s moral blameworthiness, (3) a FACS assessment showing that the accused suffered from a neurodevelopmental disorder and functioned at the “extremely low” end of the average scale.
K. Teskey – Defence Counsel