Defence challenges mandatory-minimum term
Counsel for Temperance Vale man convicted of sexual exploitation of minor files Charter application, arguing jail sentence prescribed under Criminal Code is unconstitutional
A sentencing hearing for a man convicted of trying to get a teenage girl to touch him sexually was delayed Thursday so the prosecution can respond to the defence’s constitutional challenge.
The 33-year-old Temperance Vale was convicted earlier this year after trial of sexual exploitation.
Judge Natalie LeBlanc ruled in February that the accused was in a position of trust and/or authority over his live-in girlfriend’s teenage daughter when he tried to get her to touch him for a sexual purpose.
The victim’s identity is protected by a court-ordered publication ban, and given the prior connection between her and the offender, the Fredericton Independent isn’t naming him either so as to comply with the order.
The case was back before LeBlanc on Thursday, scheduled for sentencing, but the judge noted the defence had filed a notice of application.