Saskatoon resident Layne Antosh will find out in September what his jail sentence will be for attempting to sexually extort a Moose Jaw woman by leaking photos of her online.
Antosh appeared in Moose Jaw provincial court on Aug. 12, where the Crown and defence made their submissions on the length of sentence Antosh, from Davidson, should receive. He also pleaded guilty to extortion, the unsafe storage of a firearm and possessing an illegal substance of crystal meth.
The Crown stayed a charge of breaching his probation.
Judge Brian Hendrickson will return to court on Wednesday, Sept. 4 with his decision.
Antosh, 36, has a limited criminal history; he was charged in Saskatoon in March with mischief, possession of drugs and assault, which led to a conditional discharge and six months of probation, explained Crown prosecutor Rob Parker.
Case background
The charges laid against Antosh in Moose Jaw occurred this spring when his victim — whose name can’t be reported due to a publication ban — went to Moose Jaw police on May 13 to say she was being extorted, said Parker. She told police she received text messages on May 12 asking her to perform work-related services. However, she was then unsure it was Antosh since it was an unknown phone number.
When the woman replied to the messages, the conversation took a nasty turn since Antosh began sending her nude photos of herself and requested that she meet him, Parker continued. Antosh said if she did not meet him and perform sexual acts, he would release the photos. However, he would delete the photos if she agreed to his demands.
Antosh also attempted to extort her out of $300.
“The text messages are extremely graphic,” Parker said. He then submitted as evidence an inch-thick printout of every text message sent between Antosh and the woman.
Four years before, the woman and her spouse had gone through a separation, so she went online to use an adult web service, the Crown prosecutor explained. She interacted with Antosh and voluntarily sent him nude pictures of herself.
After going to police, a sting operation was set up to catch Antosh, Parker explained. The woman agreed to meet Antosh on May 21, but when he arrived at the location, police greeted him instead. In his possession was a bottle of alcohol.
During a search of his car police found a handgun and 4.8 grams of methamphetamine. Parker noted there is no evidence Antosh intended to use the weapon.
Addictions issues
Antosh’s defence lawyer explained that his client has dealt with addictions issues during the last couple of years. He is divorced and was looking for ways to cope; this included using drugs.
He took steps to deal with his addiction but fell back into his habit after leaving rehab in 2018. It was while he was binging on crystal meth that he reached out to the woman with the intention of extorting $300.
“He does understand how wrong this is … . He is remorseful,” the defence lawyer said, adding Antosh has been co-operative with police.
Sexual extortion
Parker presented the woman’s victim impact statement, noting she was afraid to file a statement since it could become public once presented in court.
“This is an extremely serious case of extortion … ,” Parker said. “This is someone who wants to commit a sexual act, in an extremely violent and degrading manner.”
He pointed out the term “sextortion” is sometimes used in these cases, since they involve the internet and charges of luring or even sexual assault. The Crown prosecutor pointed out Antosh had a phone app that masked his cellphone number, which could be considered deception.
Past case law
Parker presented two previous court cases to show what an appropriate sentence should be. He noted for similar extortion charges, a range of 18 to 24 months in jail is appropriate.
His position was Antosh should face 18 months of jail, while being given credit for the 88 days he had already spent in custody. Antosh should have to forfeit his handgun, phone, and photos of the victim. He should also have to submit his DNA; be put on probation for two years afterward; have no contact with the victim; have no contact with her family; and not seek her out on social media or the internet.
Antosh’s defence lawyer presented his own case law examples, noting one year in jail for extortion was appropriate even with a sexual component involved. Another court case said nine months was appropriate for releasing intimate images of someone.
Given Antosh’s history with addictions, an appropriate sentence would be 10 months in jail and 18 months on probation afterward, the lawyer added. Since Antosh has been in custody for 88 days, with credit applied, that equals 132 days.
“Despite the seriousness of the offences, he is usually on the right side of the law,” the defence lawyer added. “He does see things differently (now).”
"“I want to apologize sincerely for causing harm and fear,” Antosh told Judge Henderickson. “It’s not my character; it’s not who I am.”
Moose Jaw provincial court next meets on Aug. 14.
