(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

North Okanagan business Hytec Kohler set up a COVID-19 vaccination clinic at the Spallumcheen plant Friday, May 14. (Jennifer Smith - Morning Star)
More than half of eligible adults in Interior Health vaccinated

Over 365,000 vaccine doses have been administered throughout the Interior Health region

New Border Bruins owner Dr. Mark Szynkaruk reps team colours with his young sons and wife Tracey. Photo courtesy of the Grand Forks Border Bruins
KIJHL’s Border Bruins sold to Grand Forks doctor

The league announced the sale Friday, May 14

Environmental journalist Candice Batista highlighting green products for the kitchen on the CTV Marilyn Denis Show. (Screenshot)
Eco-conscious Nakusp company highlighted on national TV

Bowl covers from Your Green Kitchen were highlighted

File photo
Paramedic training returning to Castlegar

Emergency Medical Responder and Primary Care Paramedic training to take place in Castlegar

Emerson Potter, a Grade 3 student at Blewett Elementary, advocated for changes to help him use his wheelchair on the school grounds. He’s seen here with his parents Lindsay Thompson and Keith Potter, and Blewett principal Tim Mushumanski (right). Photo: Tyler Harper
‘Pretty awesome’: Nelson-area student advocates for school to improve outdoor accessibility

Emerson Potter, who lives with cerebral palsy, had trouble moving around Blewett Elementary’s grounds

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

On Friday, May 14 at Meadow Gardens Golf Club in Pitt Meadows, Michael Caan joined a very elite club of golfers who have shot under 60 (Instagram)
Crowds at English Bay were blasted with a large beam of light from an RCMP Air-1 helicopter on Friday, May 14. THE CANADIAN PRESS/Marc Grandmaison
Police enlist RCMP helicopter to disperse thousands crowded on Vancouver beach

On Friday night, police were witness to ‘several thousand people staying well into the evening’

People shop in Chinatown in Vancouver on Friday, February 5, 2021. THE CANADIAN PRESS/Jonathan Hayward
Vancouver community leaders call for action following 717% rise in anti-Asian hate crimes

‘The alarming rise of anti-Asian hate in Canada and south of the border shows Asians have not been fully accepted in North America,’ says Carol Lee

Sinikka Gay Elliott was reported missing on Salt Spring Island on Wednesday, May 12. (Courtesty Salt Spring RCMP)
Body of UBC professor found on Salt Spring Island, no foul play suspected

Sinikka Elliott taught sociology at the university

The first Black judge named to the BC Supreme Court, Selwyn Romilly, was handcuffed at 9:15 a.m. May 14 while walking along the seawall. (YouTube/Screen grab)
Police apologize after wrongly arresting B.C.’s first Black Supreme Court Justice

At 81 years old, the retired judge was handcuffed in public while out for a walk Friday morning

Dr. Steve Beerman, of Nanaimo, shows off his Dr. David Bishop Gold Medal, awarded for distinguished medical service. (Karl Yu/News Bulletin)
Queen presents Vancouver Island doctor with award for global drowning prevention

Dr. Steve Beerman receives Royal Life Saving Society’s King Edward VII Cup at virtual ceremony

Tim Miller is selling his 76-foot steel bridge from his property in Burton, B.C. The bridge originates from the railway in Revelstoke. (Contributed)
For sale: a 100-ton 19th century bridge by Arrow Lakes

Bridge is in Burton, B.C. and advertised for $40,000

Former UFV Cascades wrestling coach Arjan Singh Bhullar is now the ONE heavyweight champion after defeating Brandon Vera via TKO in round two on Saturday in Singapore. (ONE Championship)
Former UFV wrestling coach wins MMA championship

Arjan Singh Bhullar captures ONE heavyweight title, first Indian origin fighter to achieve honour

Most Read