Tuesday, March 15, 2011

Range of sentence for persistent child abuse

R. v. I.F., 2011 ONCA 203, released today online, comments:

[5] In R. v. D.D. (2002), 58 O.R. (3d) 788 (C.A.), at para. 44, Moldaver J.A. stated that “as a general rule, when adult offenders, in a position of trust, sexually abuse innocent young children on a regular and persistent basis over substantial periods of time, they can expect to receive mid to upper single digit penitentiary terms.”

[6] While the sentencing judge cited these principles, the sentence he imposed failed to adequately reflect the principles of deterrence and denunciation, represents a marked departure from the case law, and was manifestly unfit in this context of multiple victims.

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