Offender set to be sentenced Friday
A Watson Lake man is awaiting sentencing for two counts of sexual assault, one involving a minor, and one count of sexual interference.
A Watson Lake man is awaiting sentencing for two counts of sexual assault, one involving a minor, and one count of sexual interference.
Kenneth Stewart, 33, has been in custody since Nov. 18, 2010.
The case was originally brought before Justice Ron Veale in July.
Sentencing was postponed so a pre-sentence report, which was to include information about Stewart's upbringing and First Nation, could be prepared.
On Wednesday afternoon, Crown prosecutor Terri Nguyen and defence lawyer Malcolm Campbell made their submissions before Veale.
Nguyen called for a four-year sentence, two years for each sexual assault and two to three years' probation.
That would result in another 15 months in custody for Stewart, who has already served 33 months at time and a half credit.
However, Nguyen noted that Stewart has not received any sexual offence treatment programming while in custody.
She said he doesn't appear to show the level of remorse a person who truly understood the impact of his actions would convey.
Sexual offence treatment could contribute significantly to his rehabilitation, she suggested.
Nguyen also suggested to Veale that the defence's sentencing submission is not unreasonable.
Campbell recommended a sentence of time served with two years' probation.
Both the defence and the prosecution agreed probation should include alcohol treatment and sexual offence treatment programming.
Stewart was inebriated when he committed both offences and willingly admitted to having a drinking problem during a statement Wednesday. Veale noted, however, that in the pre-sentence report, the offender seemed unwilling to admit he has a drinking problem.
Campbell and Nguyen also agreed that probation should include an order for Stewart to abstain from consuming alcohol, although Nguyen submitted that order should also include the consumption of illegal drugs.
Nguyen submitted that Stewart should also be subject to a curfew for the first eight to 12 months of his probation.
Campbell responded that this was an unreasonable limitation, noting that probation is meant to be rehabilitative, not punitary.
Nguyen noted it was also meant to protect the public and the assaults occurred in the late evening and early-morning hours after a night of drinking.
Nguyen and Campbell agreed that in addition to abstaining from alcohol consumption, Stewart should be banned from frequenting bars or taverns.
Veale suggested this should also include "drinking parties.”
Campbell indicated that would be difficult to enforce and is perhaps an unreasonable limitation, the key being to abstain from drinking.
Concerns were raised over Stewart's level of remorse as well as a comment he made in the pre-sentence report.
Veale read that Stewart said he wanted to stop drinking because women are evil and can't be trusted.
Campbell said regardless of what his client's motivations are, he wants to stop drinking.
Stewart has suggested he would like to move to Vancouver to live with an aunt and try to find work there.
Speaking before Veale, Stewart said he is one of the nicest guys you'll ever meet, noting that he doesn't raise his voice nor his hand in anger.
He also said he always follows the law, to which Veale responded, except in these instances.
He apologized for the assaults, but added it doesn't sound like something he would do. He has consistently said he doesn't remember either assault.
Stewart has agreed to enter into a residential alcohol treatment program.
Sentencing was adjourned until Friday afternoon.
Comments (4)
Up 0 Down 0
Chilkootwoman on Sep 17, 2012 at 3:34 am
This is so disgtusting that this is tolerateded. Why are they not pooled all together and just sent off into the mountains to fend for themselves instead of praying on young women and children.
Up 0 Down 0
john jack on Sep 16, 2012 at 11:45 pm
Throw the key away no more excuses!!!
Up 0 Down 0
are you kidding? on Sep 14, 2012 at 2:06 pm
Chilkootwoman - our communities have been havens for perverts and rapists for a long time. Time for communities to say NO MORE.
Up 0 Down 0
Chilkootwoman on Sep 13, 2012 at 12:45 pm
Why are we supposed to feel sorry for this guy?? What this guy did was unspeakable and he shows no remorse what so ever. He states he wants to quite drinking because ' women are evil and can't be trusted'. Really??? Not because you sexually assaulted three people and one was a minor. What is going on in our communities??? Did they all of a sudden become a haven for perverts and rapists??