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Judge more than doubles Crown's sentencing request for child sex abuser

The offences took place when the victim was a young girl
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The Sault Ste. Marie Courthouse is pictured in this file photo. Michael Purvis/SooToday

Superior Court Justice Michael Varpio sentenced a local man Thursday to five years in a federal penitentiary – more than double the prison term sought by the Crown – for sexually abusing a child decades ago.

The offences involved the 77-year-old's former sister-in-law and occurred more than 50 years ago when she was a child.

Varpio found him guilty of indecent assault and gross indecency for his conduct, which took place over several years, in November.

A court order prohibits reporting any information that could identify the victim.

"The range for sexual offences committed upon children by persons of trust or authority generally requires a penitentiary term beyond the minimum," the judge said when he imposed the sentence.

Prosecutor Trent Wilson was seeking a two-year prison term plus probation, while defence lawyer Wayne Chorney called for four months jail followed by probation.

Varpio said both of these positions clearly fall outside the acceptable range of sentences to be applied in such cases.

"An imposition of a sentence of two years or less in the circumstances of this case would bring the administration of justice into disrepute in this community," he said.

Varpio cited the case's numerous aggravating features – the considerable age difference between the offender and "highly vulnerable" victim, his position of trust, the number of acts that took place over nine years and the impact they had on the complainant.

Referring to the woman's victim impact statement, the judge said he has no doubt that "the offences played a profoundly negative role upon her life."

The aggravating circumstances augur for a sentence beyond the minimum range and demand that general deterrence and denunciation must be paramount, he said.

Noting there are few mitigating factors (the man's age and the fact that he has remarried), Varpio said they "do not take away the need to impose a considerable penitentiary sentence to reflect the gravity of the situation."

During the sentencing hearing in June, the defence provided the court with medical reports from his client's doctors outlining the man's medical issues.

Both lawyers suggested that his poor health should be considered a mitigating factor.

Varpio said he accepts that the offender is not robust, but doesn't agree that he is in exceptionally poor health.

"Indeed, his physician indicated that his health was no impediment to his ability to serve a sentence," the judge said.

Varpio indicated that he considered the man's health issues as a mitigating factor, but noted its impact is attenuated since there is no evidence his health issues would be materially impacted by incarceration.

In his 11-page decision, the judge reviewed a number of Ontario Court Appeal decisions regarding sentencing for sexual offences involving children.

He highlighted one unanimous decision, where the higher court judge who wrote it, said: "To summarize, I am of the view that as a general rule, when adult offenders, in a position of trust, sexually abuse innocent young children, they can expect to receive mid-to-upper single digit penitentiary terms."

When the lawyers made their sentencing submissions last month, Varpio suggested to the Crown that his position was outside the range described by the appeal court.

"Crown counsel advised me that the sentence reflected the totality of the circumstances," he said Thursday.

Varpio said after considering the cases further, he decided he wasn't satisfied with this answer, notified the lawyers he was considering a sentence beyond the prosecution's position and asked them for further submissions.

He noted that the man "has shown no insight into his actions, which while not an aggravating feature of the case, negate any notion that he has a quantum of remorse."

In addition to the prison term, Varpio ordered the man to register as a sex offender for life and to provide a DNA sample for the national database.

As well, he is prohibited from possessing firearms for 10 years.

Editor’s Note: SooToday does not allow comments to be posted on court stories.


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About the Author: Linda Richardson

Linda Richardson is a freelance journalist who has been covering Sault Ste. Marie's courts and other local news for more than 45 years.
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