The Crown is seeking an 18-month jail sentence for a 32-year-old Winnipeg woman who had sex with a 13-year-old boy.
Samantha Mason was convicted of sexual assault earlier this year on the grounds the victim was too young to give legal consent under the Criminal Code.
Mason has serious mental-health problems and had just been released from a psychiatric facility when the incident happened, court was told.
Mason moved in with a friend, who is the parent of a teenage daughter. One day the 13-year-old boy visited the daughter. A drunken Mason convinced the boy to sneak away for sex.
The Crown admitted the typical starting point for a sexual-assault sentence is about three years in prison, but said they were asking for much less based on the "mitigating" factors in this case including Mason’s mental state.
Mason’s lawyer has asked for no further jail time, saying her seven months of pre-trial custody is sufficient. The Crown wants an additional 11 months.
Queen’s Bench Justice Brenda Keyser will give her decision on Friday.