(Black Press Media file)

(Black Press Media file)

Kelowna man’s sentence for ‘degrading’ sex assault of teen extended

Joshua Milne will serve a total of 3.5 years in jail for sexually assaulting his teenage ex-girlfriend

Warning: This article deals with sexual assault and suicide and may be disturbing for some readers.

The B.C. Court of Appeal ruled in favour of increasing the sentence of a former Kelowna man who sexually assaulted a teenager and subsequently shared child pornography of the incident.

A decision rendered by three appellate court judges on April 14, increased Joshua Milne’s total sentence to three-and-a-half years from 14 months.

Court documents state that Milne and the then-17-year-old victim, who is only identified by the initials A.D., were in an intimate relationship for a few months in the summer of 2017 when Milne was 24 years old. Milne went back to Burnaby for school in the fall and the two continued a long-distance relationship for a short while but A.D. eventually tried to end things. Milne claimed he would kill himself if she left him, so she stayed.

A.D. found a new partner and moved to Burnaby with him in October 2017. She still didn’t end her relationship with Milne, due to his ongoing threats he would kill himself.

In November 2017, A.D. visited Milne at his apartment after he again claimed he was suicidal. She said she was tired, so he gave her a sleeping pill and later some Ativan — an anti-anxiety and sedative medication that can cause amnesia. Within a few minutes, A.D. passed out and Milne undressed her, bound her hands and ankles, blindfolded her and sexually assaulted her over the course of five hours. He documented the act with his cellphone and later sent images of the assault to another woman in January 2018.

“Mr. Milne violently exploited and degraded his former intimate partner, who was 17 years old at the time and attempting to help him,” wrote Justice Gail Dickson in the decision. “He took advantage of her trust, rendered her unconscious, and then objectified and violated her, both through his prolonged five-hour attack and by recording his actions on his cellphone. The following morning, rather than provide assistance given her debilitated state, he lied to authorities, which led to her certification under the Mental Health Act and involuntary detention in hospital.”

Milne pleaded guilty to sexual assault and transmitting child pornography in December 2019.

In December 2020, Milne received consecutive sentences for the two convictions, 12 months for sexual assault and two months for child porn, along with three years of probation upon his release.

Now, that sentence has been tossed for a harsher one.

The BC Court of Appeal decided the sentencing judge made several errors, including overemphasizing Milne’s rehabilitative efforts and lessening his culpability due to mental illness.

Milne will now serve two and a half years for the sexual assault, plus a consecutive one-year sentence for the child porn conviction.

READ MORE: Aldergrove man dies in Coquihalla crash

READ MORE: Car drives into West Kelowna liquor store


@aaron_hemens
aaron.hemens@kelownacapnews.com

Like us on Facebook and follow us on Twitter.

Court

Just Posted

The draw for May’s Shop Local & Win contest takes place June 4, 2021. (Special to The News)
Open your wallet close to home and win

Maple Ridge - Pitt Meadows Chamber of Commerce hosts shop local competition

Brian Malfesi and his partner Vincent Jourdenais have qualified for the Tokyo Olympics. (Special to The News)
Maple Ridge kayak racer qualifies for Tokyo Olympics

Malfesi is first B.C. sprint paddler to race for Team Canada at Olympics in 33 years

Conservative Leader Erin O’Toole. (THE CANADIAN PRESS/Sean Kilpatrick)
Chamber of commerce for Maple Ridge and Pitt Meadows hosts Conservative leader

Erin O’Toole and MP Dalton part of online Zoom meeting on Monday

A photo of Telosky Stadium from the Maple Ridge Museum and Archives. (Special to The News)
Telosky Stadium opened in Haney on this day in 1950

Maple Ridge Museum and Archives marks special day in local sporting history

Transport 2050 is TransLink’s largest ever public engagement. (TransLink, Special to The News)
Last day to take TransLink’s planning survey

Maple Ridge and Pitt Meadows residents can have a say in Transport 2050

Daily confirmed COVID-19 cases reported to B.C. public health, seven-day rolling average in white, to May 12, 2021. (B.C. Centre for Disease Control)
B.C. preparing ‘Restart 2.0’ from COVID-19 as June approaches

Daily infections fall below 500 Friday, down to 387 in hospital

Bradley Priestap in an undated photo provided to the media some time in 2012 by the London Police Service.
Serial sex-offender acquitted of duct tape possession in B.C. provincial court

Ontario sex offender on long-term supervision order was found with one of many ‘rape kit’ items

Rich Coleman, who was responsible for the gaming file off and on from 2001 to 2013, was recalled after his initial testimony to the Cullen Commission last month. (Screenshot)
Coleman questioned over $460K transaction at River Rock during B.C. casinos inquiry

The longtime former Langley MLA was asked about 2011 interview on BC Almanac program

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Mandarin Garden in Abbotsford had two event tents set up for outdoor dining. One of the tents, valued at more than $5,000, was stolen early Friday morning (May 14). (Submitted photo)
UPDATE: Dining tent stolen from Abbotsford restaurant is located

Owner says it would have cost more than $5,000 to replace the rented event tent

Steven Shearer, <em>Untitled. </em>(Dennis Ha/Courtesy of Steven Shearer)
Vancouver photographer’s billboards taken down after complaints about being ‘disturbing’

‘Context is everything’ when it comes to understanding these images, says visual art professor Catherine Heard

Trina Hunt's remains were found in the Hope area on March 29. Her family is asking the public to think back to the weekend prior to when she went missing. (Photo courtesy of IHIT.)
Cousin of missing woman found in Hope says she won’t have closure until death is solved

Trina Hunt’s family urges Hope residents to check dashcam, photos to help find her killer

Chief Public Health Officer Theresa Tam listens to a question during a news conference, in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Restrictions will lift once 75% of Canadians get 1 shot and 20% are fully immunized, feds say

Federal health officials are laying out their vision of what life could look like after most Canadians are vaccinated against COVID-19

Most Read