Mandatory jail time for a mentally disabled sex offender "would outrage the standards of most informed Canadians," and is therefore unconstitutional, B.C. Court of Appeal upheld a lower court decision that struck down the mandatory minimum sentence for sexual interference. Supreme Court judge said the required one-year jail sentence would be a "grossly disproportionate" punishment for Dylan William Scofield, who has an IQ of just 59. The appeal court did, however, lengthen the conditional sentence for Scofield, saying the six months handed down by the lower court was not sufficient. That scenario would, technically, meet the definition of sexual interference, and the older person would automatically receive a one-year jail sentence if the matter went to court.
Source: CBC News January 12, 2019 01:41 UTC