R v D.M. 2012 ONCA 894 deals with the appropriate range for sentencing for sexual abuse of minors. The Court held, in reducing a sentence to four years :
"....in those cases where this court has either upheld or imposed penitentiary sentences of 5 years or more, one or more of the following aggravating circumstances has been present:
. Sexual intercourse
. Oral sex
. Incest
. More than one victim
. Grooming of the victim
. Other acts of physical violence
Or threatened physical violence
to obtain compliance and keep
the abuse secret
. A previous criminal record for
Sexual abuse
None of these aggravating circumstances were present in the subject case."
1 comment:
Honestly; I don’t remember the last time I even heard of a person getting over 5 years for molesting children. I do know of a case almost twenty years ago on P.E.I. where Leroy Potts (there was no publication ban on his name) received 8 years for aggravated sexual assault on a minor. Of course the Graham James deal seem to have some of those factors outlines in the case you mentioned.
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