Her Majesty the Queen v. Justyn Kyle Napoleon Friesen
(Manitoba) (Criminal) (By Leave)
Criminal law - Sentencing - Criminal law - Sentencing - Are sentencing ranges for sexual offences against children still consistent with Parliamentary and judicial recognition of the severity of these crimes - Whether the Court of Appeal erred by interfering with the decision of the sentencing judge.
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The respondent, Mr. Friesen, met the mother through an online dating website. The mother brought Mr. Friesen to her home. On the date of the offence, the mother’s children were sleeping and were being cared for by the mother’s friend in the mother’s house. Mr. Friesen asked the mother to bring the child into the bedroom. The mother’s friend was awoken by the child’s screams, entered the bedroom and took the child out of the bedroom. Mr. Friesen demanded that the mother retrieve the child and threatened her if she did not comply with his demand. Mr. Friesen entered guilty pleas to sexual interference and attempted extortion. The sentencing judge imposed a sentence of six years’ incarceration concurrent on both charges. The Court of Appeal granted leave to appeal sentence. The Court of Appeal allowed the appeal and reduced the sentence from six to four and one-half years’ incarceration for the sexual interference conviction and reduced the sentence from six years to 18 months incarceration concurrent for the attempted extortion conviction.
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