Warning: The following story contains disturbing content. Reader discretion is advised.
A Moose Jaw judge has sentenced a father to nearly four years in a federal jail for an incident that involved sexual offences against the man’s young daughter.
Wearing a suit and tie, the man appeared in Moose Jaw provincial court on July 27 for sentencing, with his father accompanying him for support. Defence lawyer Merv Nidesh entered a guilty plea to sexual assault on the man’s behalf.
In turn, the judge sentenced the man to 42 months in a federal prison. He will have to provide a DNA sample, will be prohibited from owning a firearm for 10 years, and will be on the national sex offender registry for 20 years.
The Crown withdrew charges of sexual touching, invitation to sexual touching, sexual exploitation, failure to comply with an undertaking, and possession of child pornography.
Judge Fred Kovach instituted a publication ban on the case, which prevents the media from reporting the father’s name or anything that would identify his daughter.
The facts
According to the agreed statement of facts entered into the court records, the father, 36, began touching his daughter in January 2015 and continued until December 2017. The girl was between the ages of seven and 10 when this occurred; she is now 13.
Judge’s decision
After reviewing the submitted material, Kovach indicated he was satisfied with the joint submission, thought both parties had reached it fairly and saw no reason to depart from it. He noted both parties made some concessions for family reasons, while the sentence length was within the range of similar offences.
“I’m sure nobody’s sorrier than you in this. You are not alone in the remorse in this,” Kovach told the father.
The Crown’s position
The three aggravating factors, in this case, are the father had a relationship with the victim (his daughter), the girl was between ages seven and 10 when this happened, and the incidents occurred many times, said Crown prosecutor Rob Parker.
One mitigating — less serious — factor is how the man has not done anything to his daughter during the last three years, while the biggest mitigating factor is he pleaded guilty early and spared his daughter from having to testify in court.
While the range of 42 months in jail is higher than past case law in Saskatchewan, it’s not appropriate to push up the sentence since the father pleaded guilty early, Parker added.
Defence’s position
Nidesh submitted three reference letters that the man’s father, brother, and counsellor wrote in support, along with a victim impact statement from the mother and a statement from the daughter.
The lawyer also submitted a report from the Saskatchewan Court of Appeal about past case law that featured a sentence of 42 months. Nidesh pointed out that that length is within the range for the current circumstances and was appropriate.
“My client has moved expeditiously to enter a guilty plea,” Nidesh said, noting the man did so since he cares for his daughter and acknowledges that he hurt her.
The father takes full responsibility for his actions, and while he could have challenged this in court and pleaded not guilty, he didn’t want any more harm to come to his daughter, the lawyer continued. The man accepts that he will go to jail because of this.
The man’s older son is also struggling with this situation, Nidesh added. However, both families – the man’s and his wife’s – are supporting each other through this difficult time.
Moose Jaw provincial court next meets on Wednesday, July 29.
The Provincial Court section holds articles that have been written without prejudice with the information that has been presented in a public court of appeal available to the media and public.
