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Child sexually assaulted at Wal-Mart

Cara Loverock
Northern News Services
Published Friday, November 7, 2008

SOMBA K'E/YELLOWKNIFE - A 34-year-old man was sentenced to 18 months in jail on Tuesday for sexually assaulting a young girl at the Yellowknife Wal-Mart over the summer.

Bobby Kudlak, 34, pleaded guilty to the charge, which stemmed from an incident on June 6. The court heard that Kudlak spotted the young girl, who was unknown to him, in an aisle of the store. He approached her and briefly touched and fondled the girl, who is under the age of 12.

The incident was described as being brief, a point that was emphasized by defence attorney Hugh Latimer.

Crown lawyer Janice Walsh described the sexual assault as predatory and opportunistic.

"I conclude you were in that store ... to prey. You were there for a predatory purpose," Judge Brian Bruser told Kudlak. "I think you should be locked up for the rest of your life."

Bruser noted Kudlak's lengthy criminal record, which includes previous convictions of sexual assault. He said given Kudlak's record it was obvious rehabilitation attempts had failed and Kudlak is at a high risk to re-offend.

The Crown requested a sentence of two years less a day and three years probation. Bruser handed down a sentence of 18 months for the sexual assault as well as two months for a conviction of failure to appear in court.

Kudlak was given 10 months credit for an early guilty plea as well as time already served, which means he will serve a total of eight months in jail.

He was also given three years probation under which he cannot leave the territory, cannot have contact with the victim or her family and cannot enter Wal-Mart for any purpose. There was also a 10-year firearms prohibition ordered as well as a DNA order.

Bruser also ordered that for a 10-year period Kudlak cannot attend public parks, schools, playgrounds or anywhere children under the age of 16 could reasonably be expected to attend. He cannot seek a job where he would be in a position of trust or authority to a child under 16-years-old or use a computer to communicate with young people.

Kudlak will be a registered sex offender for the rest of his life.