Young person convicted following trial of sexual assault. Gang rape. Accused held down and fondled the victim as she was sexually assaulted by two other individuals.
Held: 12 months custody (8 months secure and months community supervision), followed by 12 months probation.
Accused diagnosed with conduct disorder. As per Arcand, 2010 ABCA 363, intrinsic to major sexual assaults is the likelihood of very real psychological and emotional harm. Aggravating factors included “no remorse or insight, no guilty plea, having been found by the Court to have lied, in addition to permitting his lawyer to call witnesses to knowingly give false evidence”.
I. McNish – Defence Counsel