(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

Sue Hodgson returns as publisher of the Peninsula News Review starting June 1. (Courtesy Sue Hodgson)
Peninsula News Review welcomes back Sue Hodgson as publisher

Dale Naftel takes helm of Oak Bay News as publisher

A B.C. Centre for Disease Control map showing new COVID-19 cases by local health area for the week of April 25-May 1. (BCCDC image)
Vancouver Island’s COVID-19 case counts continue to trend down

Fewer than 200 active cases on the Island, down from highs of 500-plus earlier this spring

The Malahat SkyWalk will open to visitors in July 2021. (Malahat SkyWalk photo)
Malahat SkyWalk will open to visitors this July

Highly anticipated attraction will take guests 250m above sea level

Victoria police say the photo they circulated of an alleged cat thief was actually a woman taking her own cat to the vet. (Black Press Media File Photo)
Victoria police circulated photo of alleged cat thief actually woman with her own cat

Police learned the she didn’t steal Penelope the cat, and was actually taking her cat to the vet

Allayah Yoli Thomas had recently turned 12 years old when she died of a suspected drug overdose April 15. (Courtesy of Adriana Londono)
Suspected overdose death of Saanich girl, 12, speaks to lack of supports, says mom

Allayah Yoli Thomas was found dead by her friend the morning of April 15

Protesters attempt to stop clear-cutting of old-growth trees in Fairy Creek near Port Renfrew. (Will O’Connell photo)
VIDEO: Workers, activists clash at site of Vancouver Island logging operation

Forest license holders asking for independent investigation into incident

Anyone with information on any of these individuals is asked to call 1-800-222-TIPS (8477) or visit the website victoriacrimestoppers.ca for more information.
Greater Victoria Crime Stoppers wanted list for the week of May 4

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

(Black Press Media file photo)
POLL: Do you plan to travel on the Victoria Day long weekend?

It’s the unofficial start to the summer season. A time of barbecues,… Continue reading

The Canadian Coast Guard icebreaker Louis S. St-Laurent sails past a iceberg in Lancaster Sound, Friday, July 11, 2008. The federal government is expected to end nearly two years of mystery today and reveal its plan to build a new, long overdue heavy icebreaker for the Canadian Coast Guard. THE CANADIAN PRESS/Jonathan Hayward
Vancouver, Quebec shipyards to each get new heavy icebreaker, cost remains a mystery

Vancouver’s Seaspan Shipyards and Quebec-based Chantier Davie will each build an icebreaker for the coast guard

More than 6,000 camping reservations in British Columbia were cancelled as a result of a provincial order limiting travel between health regions. (Unsplash)
1 in 4 camping reservations cancelled in B.C. amid COVID-19 travel restrictions

More than 6,500 BC Parks campsite reservations for between April 19 and May 25 have been revoked

People line up for COVID-19 vaccination at a drop-in clinic at Cloverdale Recreation Centre on Wednesday, April 27, 2021. Public health officials have focused efforts on the Fraser Health region. (Aaron Hinks/Peace Arch News)
B.C. reports first vaccine-induced blood clot; 684 new COVID cases Thursday

Two million vaccine doses reached, hospital cases down

(File)
With revenge porn on the rise in 2021, B.C. seeks feedback for new legislation

New legislation could help victims take down images and receive compensation

Port Alberni RCMP are investigating a homicide on Third Avenue. (SUSAN QUINN / Alberni Valley News)
RCMP investigating homicide in Port Alberni apartment

Investigators are still trying to determine the identity of the deceased

Most Read