In R v. M.K., [2005] O.J. No 127 the trial judge had imposed a sentence of six months imprisonment plus one year probation where the accused and forced sexual intercourse on a 17 year old victim. On appeal, it was held that a term of imprisonment in the penitentiary range would not be inappropriate, but instead imposed a sentence of two years less a day. The accused had a prior unblemished record.
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