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R. v. M.P.
canada, canadian, case law, court opinion, canlii, onca, 2026onca625, 2026 onca 625 (canlii), 2026, onca, 625, (canlii), coa-25-cr-0510, 2026, criminal and statutory offences, sexual offences, sexual interference, criminal code, s. 151(a), appeal from conviction and sentence following judge, alone trial, prior statements and sentencing issues raised on appeal, conviction appeal dismissed and sentence appeal dismissed except minor variations, prohibition order amended, sentence upheld, evidence, prior consistent statements, narrative and recent fabrication, whether trial judge improperly used washroom disclosure and video, recorded statement to rebut recent fabrication, r. v. dinardo applied, narrative and surrounding circumstances permitted, defence motive, to, fabricate theories not established, no reversible error in using prior statements, conviction appeal dismissed, procedure, criminal appeals, curative proviso, criminal code, s. 686(1)(b)(iii), whether imperfections in applying the recent fabrication exception were inconsequential, trial judge’s rejection of fabrication theories independent of prior statements, any lack of clarity had no consequence for the verdict, curative proviso applied, conviction appeal dismissed, criminal and statutory offences, sentencing, ancillary orders, criminal code, s. 161, whether prohibition order was properly tailored and sufficiently specific, r. v. k.r.j. and r. v. brar cited on avoiding overbroad restrictions, default two kilometres confirmed, contact condition amended to permit lawful incidental contact or supervised contact, order amended, criminal and statutory offences, sentencing, conditional sentence, whether refusal to impose a conditional sentence was an error in principle, position of trust and young age treated as serious aggravating factors, impact on victim considered, exceptional circumstances not found under r. v. pike line of cases, custodial sentence found fit and appropriate, sentence appeal dismissed except order variations
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