SELECTED CASE LAW
In 2018 SKQB 183, Mr. S was convicted of sexual interference and sexual assault. He was 26 years old at sentencing.
Mr. S had four sexual encounters with the 14-year-old complainant, Ms. Z. Mr. S was a school bus driver and the complainant was a passenger on his bus. She began texting Mr. S, who asked her to stop and ignored many of her texts. Later, Mr. S asked for a nude image hoping she would then want to stop messaging, but she sent one. Mr. S then blocked her number and he began to receive text messages from her friends. He later agreed to continue texting with her and met with her in person where they kissed and he touched her sexually. When he blocked her number again, she threatened suicide. He picked her up a second time and the two undressed each other to their underwear and touched each other sexually. On a third and fourth occasion they met again and engaged in oral sex. The court found that he had not invited the sexual touching and acquitted him of that charge.
Mr. S challenged the one-year mandatory minimum for sexual interference offences, arguing they violated his right to be free of cruel and unusual punishment. The Court of Appeal found that an appropriate sentence for this offence would be 15 months’ imprisonment and 12 months’ probation, and therefore, his argument was moot and the judge declined to use his discretion to adjudicate the constitutional issue.
Mr. S also challenged the requirement that he comply with the sex offender registration for 20 years following a sexual interference conviction, arguing it impacted his right to life, liberty and the security of the person. The Court of Appeal found that the reporting requirements and mandatory registration for this offence did not amount to a breach of this right.
Mr. S was sentenced to 15 months’ imprisonment and 12 months’ probation. Additional orders included a no contact order with Ms. Z, restrictions on being near persons under 16 years old, a DNA order, a 10 year weapons prohibition, and a 20 year registration as a sex offender.
Also see: 2018 SKQB 143 (Sentencing); 2017 SKQB 339 (Trial); 2017 SKQB 218 (Application for trial fitness).
Criminal Offence(s): Sexual Assault