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In R v. D.M., a ruling released earlier today, the Ontario Court of Appeal allowed the Crown’s appeal to increase the sentence from three years to seven for an offender convicted of repeatedly sexually assaulting his teenaged niece more than 100 times over a three-year period while holding a position of trust over her.
This ruling follows on the heels of R. v. P.M., another appeal case where a sentence of six years for a similar crime was upheld by the Court of Appeal. In both cases, the Court has signalled that sexual crimes against children will warrant very high penitentiary terms.
In her ruling today, Justice Feldman proposed a clear range of sentence for this type of criminal behaviour. She writes,
“to conclude on the issue of the proper range of sentence, although sentencing is always an individualized process of decision-making, where there is prolonged sexual abuse and assault of a child, including penetration, by an adult in a position of trust, the minimum sentence will be five or six years in the penitentiary.”
What is made explicitly clear in both this and the P.M. ruling is that denunciation and general deterrence will be the primary considerations for sentencing those who perpetrate sexual crimes against children while holding a position of trust over them.
Amendments to the Criminal Code will also come into effect later this month increasing the minimum sentences for a number of sexual crimes against children and young persons pursuant to Bill C-54, Protecting Children From Sexual Predators Act.
Why Choose Daniel Brown Law?
Daniel Brown Law is a leading Canadian criminal defence firm. Daniel Brown is a certified specialist in criminal law — a designation held by fewer than 2% of criminal lawyers in Ontario. He is the author of Prosecuting and Defending Sexual Offence Cases (3rd Edition, Emond Publishing’s Criminal Law Series), has authored articles for legal journals, and contributes commentary on criminal law to The Toronto Star and other major Canadian news outlets.
The firm and its lawyers have been repeatedly recognized for excellence in criminal defence:
- Certified Specialist in Criminal Law — Law Society of Ontario (Daniel Brown — fewer than 2% of Ontario criminal lawyers hold this designation)
- Best Lawyers in Canada — Criminal Defence — Daniel Brown personal listing
- Canada’s Top Criminal Law Boutiques 2026–27 — Canadian Lawyer Magazine
- Best Law Firms 2026 — Criminal Defence and Appellate Practice (Best Lawyers / Best Law Firms)
- Canada’s Best Law Firms 2026 — The Globe and Mail (Report on Business)
- Toronto Star Readers’ Choice Awards — Best Law Firm and Best Legal Services, repeat winner
- Toronto’s Top Criminal Lawyers — Streets of Toronto and Post City Magazine
