SENTENCING - Sexual offences - Particular sanctions - Imprisonment - Conditional sentence - Sentencing considerations - Deterrence - Denunciation - Offences involving breach of trust - Sexual offences against children

Law360 Canada ( January 11, 2018, 8:37 AM EST) -- Appeal by the Crown from a conditional sentence of 21 months imposed on the respondent for one count of sexual assault, two counts of sexual touching and one count of sexual exploitation relating to historical offences committed against four victims, and from a consecutive sentence of 75 days’ imprisonment imposed on the respondent for a subsequent sexual assault committed more recently on a fifth victim for which a conditional sentence was not available. The respondent was a well-known and highly regarded piano teacher. The complainants were his students. The offences took place during piano lessons and consisted of touching the students’ breasts over their clothes and, in respect of two of the students, under their clothes. Two of the students were kissed by the respondent in an unwanted fashion. The 69-year-old respondent suffered from major depression resulting from the charges and convictions and had been shamed and humiliated in his community. The sentencing judge concluded that exceptional circumstances existed such that general deterrence and denunciation did not require a jail sentence but rather would be met by a suitable conditional sentence order....
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