2005 ABCA 240

In 2005 ABCA 240, Mr. P, a 19-year-old man, pleaded guilty to sexual assault. The Crown appealed his sentence, arguing it should be longer.

Mr. P had met a 13-year-old girl in an internet chat room where they discussed sex, among other things. They told each other their ages and her profile said she was 13. Mr. P sent her his phone number and they agreed to meet. In their second encounter they had unprotected sexual intercourse. The girl told her mother who reported it to the police.

On appeal, the majority found that Mr. P had engaged in significant deliberation and the sentencing judge had overemphasized the willingness of the girl and improperly treated it as a mitigating factor, focused too much on the offender, and minimized the age difference be-tween the two, despite the statutory age limitations in regards to consensual sexual activity.

His sentence was changed to a 2-year conditional sentence to be served in the community.

At trial, Mr. P was sentenced to a 30 month suspended sentence and probation.

Criminal Offence(s): Sexual Assault