Molester gets sentence reduced
Appeals court deems prison term too much
John McFadden
Northern News Services
Published Wednesday, December 3, 2014
SOMBA K'E/YELLOWKNIFE
A tribunal of judges with the NWT Court of Appeal have thrown out a four-year prison sentence handed to a man who molested his friend's five-year-old daughter, arguing it was too harsh.
Russell Dean George Doll was originally handed the sentence following a two-day trial on Dec. 9, 2013 where court heard in the winter of 2005 the man had crept into the girl's room three times as she slept and touched her in a sexual manner. Doll was an invited guest in the father's home, and had volunteered to watch her when he wasn't around. During sentencing, NWT Supreme Court Judge Karan Shaner pointed out that one of the attacks involved the use of force to remove the victim's clothing.
Shaner said the incidents were predatory and betrayed a position of trust. Before sentencing, Shaner also noted that Doll had 32 criminal convictions dating back to 1978, including six assaults. But in a ruling filed Nov. 20, the court of appeal tribunal of justices Neil Sharkey of Nunavut, J.E. Cote of Alberta, and J.A. Wakeling, also of Alberta, concluded the sentence "is outside the range of just sanctions for this offence."
They ordered the man's sentence be cut in half to two years. Before the original sentencing, Doll, who was 52 at the time, said he had turned his life around by becoming a successful carver. His lawyer said he had been raised in a violent home and turned to drugs and alcohol at an early age.
The court heard Doll's appeal of the sentence on Oct 22. Aside from finding the sentence being too harsh, the appeals court took into account the nature of the touching and its limited duration. The court did point out, however, the need for a significant period of incarceration still exists as Doll had voluntarily agreed to care for the victim.
Doll is still being given credit for the 29 days he spent in pre-trial custody. He is also subjected to three years probation following his jail term. Meanwhile, Doll remains before the court on another historical sexual assault charge involving a child from 2003. There is a publication ban on evidence from that case. He is scheduled to be back in court on that matter on Dec. 19.
