New & Notable: Sex Assault Sentence

The Ontario Court of Appeal recently reaffirmed its direction in R v DD, 2002 CarswellOnt 881, [2002] OJ No 1061 (CA) 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".  
In  R v IF, 2011 ONCA 203, 2011 CarswellOnt 1667, [2011] OJ No 1110 the Court of Appeal overturned a 2 year sentence, imposing 4 years in the penitentiary.  In IF the respondent sexually assaulted his three step-granddaughters over an eight-year period.  The abuse included touching and fondling their breasts and vaginal areas; performing oral sex on one victim; having two of the victims watch pornographic movies or magazines while he masturbated; and having one of the victims masturbate him [para 2].  Despite recognizing an early plea and acceptance of responsibility, the Court of Appeal held that 2 years was demonstrably unfit. 

DG Mack