Amanda Vaughan & Adam Johnson
Northern News Services
Published Wednesday, September 12, 2007

YELLOWKNIFE - A 43-year-old Yellowknife man with 58 prior convictions has been given 18 months in jail for sexually assaulting his common-law partner's teenaged sister.

The 18-month sentence is the most the offender could have been given under a summary conviction, which was elected by the Crown attorney in this case. Although the judge gave the man the maximum sentence available to her, she said it wasn't enough.

"Eighteen months is not appropriate for this offense," said Judge Bernadette Schmaltz at the man's sentencing Aug. 31.

"I cannot imagine or understand why the Crown proceeded summarily."

She also noted the man's 58 prior convictions, 18 of which were of a violent nature. In the reading of the facts the previous afternoon, Crown counsel Steven Hinkley informed the court that the man had tried to force himself on the underage victim while she slept in a bed she was sharing with an even younger niece on July 20.

The victim struggled and eventually the man ceased the attempt after the younger child awoke and fled the room, allowing the victim to escape and phone RCMP.

"There is no reason for it, no excuse for it, and it has to be stopped. The abuse of children, of young people, will not be tolerated," said Schmaltz of the offence.

The judge also read excerpts from the victim impact statement, where the girl stated, "I feel so small. I barely get any sleep, I can't eat. I'm afraid it will happen again, from anyone."

In the statement, the victim also indicated that her sister, the man's common-law partner, blamed her for the incident, which had taken a toll on her life.

When questioned by Yellowknifer about the Crown's decision to proceed summarily as opposed to a more serious indictable charge, Hinkley said it was not his office's policy to discuss those decisions publicly.

An indictable charge for sexual assault carries a maximum sentence of 10 years in prison.

The sentencing hearing also encompassed three other convictions brought against the man, one for drunk driving, a breach of a court order, and a failure to attend court.

The Crown recommended a total sentence range of 15 to 19 months for all four convictions, after making note of the gravity of the sexual assault, and taking into account a fairly recent prior conviction of drunk driving.

While making reference to the principles and purposes of sentencing in the Criminal Code, Hinkley said that a sentence, in the case of a sex assault on a youth, should serve as denouncement and deterrent, as well as "express society's disgust with these types of action."

The man's defence counsel, Brad Enge, brought the court's attention to the fact that the man had written a letter of apology to the victim almost immediately after the crime, and also brought up his time in residential schools.

"Residential school is a legacy held by several generations," said Enge, also mentioning that his client is afflicted by the "disease of alcohol," that he was "intoxicated at the time and has no recollection of the sexual assault."

Judge Schmaltz accepted that the assailant was a victim of the residential school system, but said "at some point he must take responsibility."

The man was sentenced to an additional two months on the drinking and driving conviction, and was prohibited from driving for three years.

He was also given one month in jail for the breach of undertaking.