SENTENCING — Sexual assault — Aboriginal offenders — Sexual offences against children — Effect on victim

Law360 Canada (April 4, 2024, 4:17 PM EDT) -- Appeal by Elson from conviction of sexually assaulting a 13-year-old complainant and appeal from sentence of five-years’ imprisonment. Elson was 31 years of age when he had non-consensual intercourse with the complainant in his camper trailer. He shared cannabis with her. The two were acquaintances. After sharing the cannabis, Elson then forced the complainant to have sexual intercourse with him despite her protestations. Firstly, Elson argued that the trial judge's conduct during the trial rendered the trial unfair. Secondly, Elson argued that the trial judge's reasons for conviction were insufficient and failed to explain how he resolved alleged inconsistencies in the complainant's testimony. In respect of the sentence, Elson argued that the trial judge erred in principle because he failed to consider the mitigating factor of Elson's Indigenous circumstances. Elson argued this failure was an error in principle that resulted in an unfit sentence....
LexisNexis® Research Solutions

Related Sections