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Couple awaiting sentencing in child porn case


Court was adjourned for a Manitoba couple charged with sexual assault and making child pornography, July 25.
The male accused, 41, and the female accused, 27, pleaded guilty to two counts of sexual assault and two counts of making child pornography, which is one count for each of the victims.
The offences occurred in the Parkland, between Sept. 4, 2011, and Aug. 7, 2014.
Both of the accused were arrested and charged, Aug. 14, 2014.
A sentencing hearing in Dauphin Court of Queen’s Bench for the pair wrapped up with final presentations from crown attorney Jay Funke and defense lawyers Norman Sims and Robert Harrison.
Referring to the pre-sentence report (PSR) for the male accused, Funke said, the accused demonstrated a lack of genuine remorse and deflected blame for his situation.
In the PSR, he said, the accused refuted facts he had previously agreed to in a police report.
Funke pointed out the PSR rated the male accused as a high risk to offend.
He said the PSR for the female accused also noted she demonstrated a lack of remorse and refuted facts she had previously agreed to in a police report.
The female accused’s risk to offend, Funke noted, was not determined in the PSR.
Funke recommended 7-1/2 years in custody for the male accused, taking into account time spent in custody and 15 years custody for the female accused.
He recommended Queen’s Bench Justice Sandra Zinchuk take three months off the female’s time in custody, to account for two weeks she was unlawfully detained.
In his presentation, Harrison read an apology written by the male accused which was prepared last fall.
He also recommended Justice Zinchuk consider a sentence of 7-1/2 years, with consideration for time served.
Sims recommended Zinchuk consider a six-year sentence for the female accused, pointing out she did not participate in the sexual assaults, but also did not try to stop them.
“While there is a requirement in this case to denounce and deter the things that happened to these little girls, there is also a need to temper justice with mercy, so that the sentence imposed on this particular thing, I’m talking about for (the accused), is not crushing. But sends a message to others, this conduct cannot be tolerated,” Sims said.
“It also gives (the accused) a chance to pick up the pieces.”
It was noted both accused had been sexually assaulted as children.
Before court adjourned, the male accused made a statement in court and the female accused apologized.
The male accused remains in custody, while the female had been released on bail.
A ban on reporting the names of the accused, or where in the Parkland the offence occurred has been issued, in order to protect the identities of the victims.
Zinchuk will sentence the two in Court of Queen’s Bench, Oct. 28.

M. A. Nyquist