S.B.E. v. Her Majesty the Queen

(Alberta) (Criminal) (By Leave)

(Publication ban in case) (Publication ban on party)




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Criminal law – Charter – Did lower courts err in convicting applicant and in imposing a lengthy sentence?

The applicant was convicted following a trial by judge sitting alone of one count of sexual assault and two counts of sexual interference. The indictment covered the time period between July 2003 and July 2004 when complainant, with whom the applicant was in a position of trust, was less than 9 years old. Count 1 (sexual assault) alleged multiple acts of partial penile/vaginal penetration. Count 2 (sexual interference) alleged multiple acts of vaginal fondling. Count 3 (sexual interference) alleged that on multiple occasions the applicant had the complainant masturbate him to ejaculation. The sentencing judge declined to sentence him as a dangerous offender, but declared him a long term offender. The applicant was sentenced to 16 ½ years in prison. With a five and half year credit for the 31 months he had spent in protective custody, he was sentenced to eleven years, and was required to serve at least half his sentence before applying for parole.

Lower Court Rulings

February 22, 2007
Court of Queen’s Bench of Alberta

Sentence imposed
February 24, 2009
Court of Appeal of Alberta (Edmonton)

0703-0058-A, 2009 ABCA 63
See file.
October 13, 2010
Court of Appeal of Alberta (Edmonton)

0703-0058-A, 2010 ABCA 298
Leave to appeal sentence granted; Appeal from sentence dismissed