Sentence upheld for molester

A man found guilty of molesting a young girl will have to serve his sentence in jail after the B.C. Court of Appeal dismissed an application to have it served as a conditional sentence order.

The appeal by Michael Scott Horswill was dismissed Friday, about 1 1/2 months after the Supreme Court of Canada denied his application to have the verdict overturned.

article continues below

In January 2016, following a five-day trial, Horswill was found guilty of molesting the four-year-old daughter of a family friend in July 2013 while staying overnight at a cabin near Prince George.

In the process of sentencing Horswill, the judge was asked to ignore the mandatory minimum of at least one year in jail.

In November 2016, an Ontario Superior Court Justice struck down the mandatory minimum for a man convicted of the same offence and sentenced him to seven months in jail followed by two years probation.

But in December 2016, B.C. Supreme Court Justice James Williams rejected Horswill's application and a month later sentenced him to 14 months in jail followed by 30 months probation. His name was also added to the national sex offender registry for 20 years.

In the most-recent decision, the Court of Appeal agreed with Horswill's counsel's argument that Williams erred in his conclusion that the mandatory minimum imposed by the Criminal Code was constitutional.

But the Court of Appeal nonetheless found he did not err in concluding on the facts of the case that a conditional sentence order was not appropriate.

Had Horswill won the appeal, he would have been able to serve the sentence in the community where he could continue to live at home and go to work but remain subject to various restrictions, including a curfew.

Read Related Topics


NOTE: To post a comment you must have an account with at least one of the following services: Disqus, Facebook, Twitter, Google+ You may then login using your account credentials for that service. If you do not already have an account you may register a new profile with Disqus by first clicking the "Post as" button and then the link: "Don't have one? Register a new profile".

The Prince George Citizen welcomes your opinions and comments. We do not allow personal attacks, offensive language or unsubstantiated allegations. We reserve the right to edit comments for length, style, legality and taste and reproduce them in print, electronic or otherwise. Comments that contain external links will not be permitted. For further information, please contact the editor or publisher, or see our Terms and Conditions.

comments powered by Disqus

ID tagging garbage cans POLL

Are you in favour of the city adding radio frequency identification tags to garbage cans?

or  view results

Sign Up For Our e-Newsletter!
  • 97/16

    Prince George's Weekly News

Popular Citizen

Community Event Calendar

Find out what's happening in your community and submit your own local events.

Lowest Gas Prices in Prince George
Prince George Gas Prices provided by