Supreme Court
Decision Information
Summary: 41 year old accused charged and convicted of sexually assaulting the 12 year old, blind daughter of his common law of three years. Complainant was like a stepdaughter to him. While under the influence of alcohol and drugs, the accused went into the complainant's bedroom in the middle of the night and, despite her resistance, took down her pants, performed the act of cunnilingus, licked her breasts and had her touch and fondle his penis. Complainant's mother had been in the hospital during the incident. Court finds blind complainant was even more vulnerable than other12 year olds. Accused breached position of trust. Victim Impact Statement details complainant's difficulty in sleeping, inability to focus on school work, and the effect the incident has had on the relationship between her and her mother. Court stated that due to the seriousness of the crime, sentence must be one that will deter him from ever again committing such a terrible crime and it should also afford some protection to the society.
Decision: Sentence determined - Two and a half years imprisonment and 10 year firearm prohibition
Subjects: Criminal law - Sexual offences - Sexual assault