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A sex offender’s stated plan to seek medical assistance in dying once he has been punished isn’t a ground to mitigate his sentence, a judge has ruled.
In a written decision posted online Thursday, Justice Anne Brown said determining a fit sentence by considering the grandfather’s assertion he will be applying for MAID would send the wrong message.
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“Such a Faustian bargain should be roundly rejected on public policy grounds for seemingly condoning voluntary execution,” the Calgary Court of Justice judge said, in reference to the fictional character who sold his soul to the devil.
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Instead, Brown sentenced the 67-year-old offender to seven years in prison on charges of sexual assault and sexual interference committed against his 12-year-old granddaughter.
Defence counsel Leanndria Halcro had proposed a sentence of two years less a day of custody followed by three years of probation.
But Brown agreed with Crown prosecutor Kenna Morris a much more severe sentence was warranted for the Calgary man, who abused his granddaughter over an eight-month period in 2021.
Morris had argued for a total sentence of nine years.
Brown also ordered the grandfather to pay restitution of $12,610 to cover the costs of therapy for his victim and her parents.
The judge noted the offender, whom she referred to as Mr. G in her decision to protect the identity of his victim, suffers from multiple physical health problems, including coronary artery disease.
He also has been unable to work since he was assaulted by an office manager in May 2021.
“A loner all his life, Mr. G relied on work colleagues and participation in church-affiliated men’s groups for friendship. The loss of his ability to work and complete estrangement from family and church following the laying of the sexual offence charges have left Mr. G isolated and alone,” Brown wrote.
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“He asserts that he intends to apply for medical assistance in dying (MAID) once he has been sentenced.”
The judge said those don’t amount to mental health issues that would justify a reduced sentence.
Brown said a sentence severe enough to deter other potential offenders who might prey on vulnerable children was needed.
“Mr. G’s stated intention to pursue MAID at an early opportunity speaks only to specific deterrence,” she said.
The grandfather was convicted after Brown rejected his claims he never fondled his granddaughter and that an instance where he shaved her pubic hair while on a summer vacation was only to relieve her of discomfort.
The discovery of the latter incident by the girl’s mother alerted her to the abuse and police were contacted.
KMartin@postmedia.com
On Twitter: @KMartinCourts
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