(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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

“Skeena,” by John Hudson and Paul Hanslow is one of five fonts in the running to become the default for Microsoft systems and Office programs. (Black Press Media File Photo)
Font named after Skeena River could become the next Microsoft default

One of the five new fonts will replace Calibri, which has been Microsoft’s default since 2007

(The Canadian Press)
Trudeau won’t say whether Canada supports patent waiver for COVID-19 vaccines

‘Canada is at the table to help find a solution’

RCMP are looking for information on an alleged shooting attempt near an elementary school in Smithers March 10. (Phil McLachlan/Capital News/Stock)
UPDATE: Man killed in brazen daylight shooting at Vancouver airport

Details about the police incident are still unknown

Pieces of nephrite jade are shown at a mine site in northwestern B.C. in July 2019. THE CANADIAN PRESS/HO-Tahltan Central Government MANDATORY CREDIT
Indigenous nation opposes jade mining in northwestern B.C.

B.C.’s Mines Act requires operators to prepare a plan to protect cultural heritage resources

The body of Brenda Ware, 35, was found along Highway 93 in Kootenay National Park on Thursday, May 6, 2021. (RCMP handout)
RCMP ask for tips after woman’s body found in Kootenay National Park

Brenda Ware was found along Highway 93 in the park, 54 kilometres north of the town of Radium

People pass the red hearts on the COVID-19 Memorial Wall mourning those who have died, opposite the Houses of Parliament on the Embankment in London, Wednesday, April 7, 2021. On May 3, the British government announced that only one person had died of COVID-19 in the previous 24 hours. THE CANADIAN PRESS/AP-Kirsty Wigglesworth
For a view of a COVID-19 future, Canadians should look across the pond

Britain, like Canada, is one of the only countries in the world to delay second doses for several months

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Edmonton Oilers’ Connor McDavid (97) celebrates his 100th point this season with Leon Draisaitl (29) against the Vancouver Canucks during second period NHL action in Edmonton on Saturday, May 8, 2021.THE CANADIAN PRESS/Jason Franson
Edmonton superstar McDavid hits 100-point mark as Oilers edge Canucks 4-3

NHL scoring leader needs just 53 games to reach century mark

Nuns of Mother Teresa’s Missionaries of Charity, carry some of her relics during a vigil of prayer in preparation for the canonization of Mother Teresa in the St. John in Latheran Basilica at the Vatican, Friday, Sept. 2, 2016. In which city did she do much of her charitable work? (AP Photo/Gregorio Borgia)
QUIZ: How much do you know about these motherhood issues?

In honour of Mother’s Day, take this 10-question quiz

Most Read