Whitehorse Daily Star

Two-year sentence meted out for sexual assault

A 39-year-old Whitehorse man received a two-year jail sentence in Yukon Supreme Court on Friday for sexual assault, to be served in a federal penitentiary.

By AP on May 12, 2008

A 39-year-old Whitehorse man received a two-year jail sentence in Yukon Supreme Court on Friday for sexual assault, to be served in a federal penitentiary.

John Carter White received two months' credit for the time he has already spent in custody, leaving 24 months remaining in his 26-month sentence.

Crown prosecutor David McWhinnie and defence lawyer Gord Coffin were in court for the decision.

Justice Leigh Gower included a 10-year firearms ban and a DNA order in his decision. He also ordered that White be placed on a national sex offender registry for 20 years.

Prior to Gower's decision, White's former landlord testified on his behalf.

Barbara Evans said White had been renting a suite in her home in downtown Whitehorse from September 2007 until his sentencing hearing on April 3, when he was remanded into custody.

"I've known him to be a sober person," said Evans.

"He's very pleasant to have around and very helpful."

Four letters of reference were submitted on behalf of White's character for Gower to consider in his deliberations.

Gower identified numerous aggravating factors in the case, including White's alcohol and cocaine addictions and his past criminal record, which includes 10 prior convictions.

Gower also noted that White's honesty has been called into question.

Noel Sinclair, who acted as Crown counsel during the trial, has said the prosecution has "significant concerns with (White's) credibility."

Gower read in his decision that the author of White's pre-sentence report noted some of the information White provided was "a bit misleading."

Although the Crown has said there are no mitigating factors in the case, Gower said he "would not go that far."

He said White's childhood, which was "plagued by abuse and dysfunction," is a mitigating factor.

A seven-woman, five-man jury convicted White of sexual assault on Feb. 1 after a week-long trial.

White was arrested and charged on March 16, 2007, following an incident at the mature students' dorm at Yukon College.

The 22-year-old complainant in the case told the RCMP she had returned to the dorm with White after drinking at Lizard's Lounge until approximately 2 a.m.

She fell asleep in White's room after telling him she did not want to have sex, she said during the trial.

She testified that she awoke to find White on top of her and trying to penetrate her.

The complainant left White's room at approximately 6 a.m. and went to the dorm room of a relative, who telephoned the RCMP.

White maintains his innocence and plans to appeal the conviction, court heard Friday.

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