(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

Adrienne Rogers (LPN) and Tracy McConnell (RN) on the Victoria Hospice Unit. (Photo courtesy of Victoria Hospice)
Victoria Hospice bereavement counsellors dealing with a tsunami of grief

Last year, Victoria Hospice provided end-of-life care to more than 1,000 people

Paddles sit stacked and ready at a rowing regatta on Elk Lake in 2018. (Black Press Media file photo)
Greater Victoria junior girls rowing team nabs first in national Row to Tokyo challenge

Young Victoria City Rowing Club members row more than 2,250 km

Habitat Acquisition Trust has received provincial funding to help restore Garry oak ecosystems on southern Vancouver Island. (Photo by Jeremy da Silva)
Funding boosts restoration efforts for Vancouver Island’s Garry oak ecosystems

Habitat Acquisition Trust will take on several Garry oak ecosystem restoration projects

A Nexii roof panel is lifted during construction of a Starbucks in Abbotsford. Alexzi Building Solutions will be building a manufacturing plant in Langford or North Cowichan to produce the sustainable construction panels. (Photo courtesy of Alexzi Building Solutions)
Langford eyed for facility to make green building alternative to concrete

Langford, North Cowichan possible sites for plant to create sustainable construction panels

(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’

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

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

A map showing where the most number of cases were recorded from April 23 to 29. This map, revealing a breakdown of infections by neighborhood, was pulled from a data package leaked to the Vancouver Sun last week (and independently verified).
36 Abbotsford schools flagged for COVID-19 exposures in the last 2 weeks, shattering record

Clearbrook Elementary recorded an ‘exposure’ on all 11 school days

Island Health has confirmed COVID-19 exposures at Ecole des Deux Mondes in Campbell River on May 4 and 5, and at Mill Bay Nature School in Mill Bay on April 28, 29, 30 and May 3. (Metro Creative photo)
Two new COVID-19 school exposures confirmed by Island Health

Health authority contacting anyone exposed at Ecole des Deux Mondes, Mill Bay Nature School

Most Read