SELECTED CASE LAW
BRITISH COLUMBIA:
In 2009 BCCA 367, Mr. S, a 51-year-old man, appealed his sentence for sexual assault.
Mr. S’s wife ran a day care centre. A 6-year-old girl told her mother that Mr. S had shown her pornography on two computers in the house, touched her genital area, and told her to keep it a secret. Mr. S had touched her vagina on two other occasions and had her touch his penis once.
A search warrant resulted in finding pornography on Mr. S’s computer that was consistent with what the girl described.
At trial he was sentenced to 18 months in jail and two years’ probation. Additional orders included a no contact order, limitations on being near children for 10 years, registration as a sex offender, and a DNA order.On appeal, the court found that his sentence was not excessive and that the trial judge had made an error by stating that Mr. S had to show he was not a danger to the community, but that statement did not affect the validity of the sentence.
On appeal, the court found that his sentence was not excessive and that the trial judge had made an error by stating that Mr. S had to show he was not a danger to the community, but that statement did not affect the validity of the sentence.
Also see: 2009 BCSC 1350 (Sentencing).
Criminal Offence(s): Sexual Assault