A Prince George man faces at least one year in jail for sexually interfering with a minor after a B.C. Supreme Court Justice dismissed a defence counsel challenge of the "mandatory minimum" sentence for the offence.
Under federal legislation, the crime carries at least one year in jail. Had the challenge been successful, the chance of serving a conditional sentencing - effectively house arrest - would have been open to Michael (Scott) Horswill, 46.
Justice James Williams' decision Friday followed two days of arguments at the Prince George courthouse. He did not give reason for his decision, only that the application was dismissed.
Defence counsel's position centred on the contention that one year in jail is "grossly disproportionate" to Horswill's particular situation.
In January, Williams found Horswill had molested the four-year-old daughter of a family friend while staying overnight at a cabin near Prince George in July 2013.
Crown prosecution is seeking 18 months to two years less a day in jail followed by three years probation for Horswill.
Williams will deliver a final decision on sentencing Jan. 9.
