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Sexual assault case ends in prison terms

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After over five years, a shocking case of sexual assault of two young girls has come to an end with sentencing in Dauphin Court of Queen’s Bench, Oct. 29.
A male, 41, and female, 27, had each pleaded guilty to two counts of sexual assault and making child pornography, from charges laid in 2014.
The offences occurred in the Parkland, between Sept. 4, 2011, and Aug. 7, 2014.
Justice Sandra Zinchuk sentenced the male offender to nine years for each sexual assault offense, to be served consecutively and two years each for the charges of making child pornography, concurrent to one another, but consecutive to the sexual assault charges.
This results in a total sentence of 20 years, which after considerations for totality, Zinchuk reduced to a sentence of 17 years.
In her written decision, Zinchuk explained, the principle of totality is to ensure the combined sentences for each offender are not excessively long or harsh, because they exceed the overall blame of the offender.
She must take into consideration the length of the combined sentence in relation to the normal sentence for the most serious of the individual offenses involved, the number and seriousness of the offenses involved, the offender’s criminal record, the impact of the combined sentence on the offender’s prospects for rehabilitation and other factors, to ensure the combined sentence is proportionate to the seriousness of the offenses and the offender’s degree of responsibility.
In addition, the male offender received a time in custody credit on a one to 1.5 basis. He spent five years and 76 days in custody, which is a seven year, 297 day credit.
As a result, the male offender will serve a further nine years and 68 days.
Zinchuk sentenced the female offender to seven years for each sexual assault offense, to be served consecutively and two years each for the charges of making child pornography, concurrent to one another, but consecutive to the sexual assault charges.
This is a total sentence of 16 years, which Zinchuk reduced after totality considerations, to a sentence of 14 years.
She noted the Crown recommended the female offenders’ sentence be reduced by three months, due to the fact she had some initial time in custody, as well as a period in custody following her arrest after the Crown preferred a direct indictment and the second period of custody was unlawful.
Zinchuk applied three months to the 14-year sentence, leaving a sentence of 13 years and nine months.
Ancillary orders were also issued to both offenders, which include mandatory DNA, a weapons prohibition for 10 years, a lifetime Sexual Offender Information Registration Act (SOIRA) designation, forfeiture and destruction of all items seized and prohibition of contact while in custody, between the offenders and victims.
Zinchuk did not read her decision in its entirety, but did provide a written copy.
In her report she noted the facts of the case were equally disturbing and heartbreaking.
The maximum sentence for a charge of sexual assault is 10 years, Zinchuk reported, and the Crown was seeking a period of incarceration for the male offender, which was near the sentence maximum. She also noted assessments determined both offenders were at a high risk to re-offend.
The female offender was immediately taken into custody and tearfully led from the courtroom. The male offender was silent, as he was led away.
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.

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M. A. Nyquist
REPORTER
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