A Moose Jaw Provincial Court judge has sentenced Pierre Joseph Real Richard to two years in a federal jail for sexually touching a young girl over five months.
Judge Brian Hendrickson read out his decision in provincial court recently about the type of sentence that Richard, 33, from Moose Jaw should receive and the reasons behind it. Richard had pleaded guilty to three charges during a previous appearance: sexual assault, sexual touching, and sexual exploitation of a young person — under age 12 — by sexual touching.
The offences occurred between Jan. 1 and June 5, 2021, while Richard was babysitting the girl.
The Crown and defence provided two different sentences and suggested they were fit in this situation, but section 718 of the Criminal Code also discusses what a fit sentence could be, which includes proportionality for the crime, Judge Hendrickson said.
Every offence committed is unique, but sentences for incidents against children must take a different approach because of their severity, he continued. Sexual offences against children invade their autonomy, violate their sexual integrity, cause them long-term harm and can permanently alter their life.
“In cases involving sexual offences against children, the objectives of denunciation and deterrence must be given primary consideration,” Hendrickson said.
According to a pre-sentence report, Richard was bullied at school as a child, used crystal meth as an adult, now lives with his family, and uses alcohol from time to time, the judge remarked. The report also says he lacks insight into his actions and blames the victim for what he did.
There are several aggravating — serious — factors in this situation that concerned Hendrickson, such as how Richard abused someone under 18, abused his position of trust as a babysitter and blamed the victim for inviting the sexual touching.
Conversely, the mitigating factors that the judge saw included Richard pleading guilty early and eliminating the need for a trial, him being a first-time offender, and his pre-sentence report being relatively positive.
However, Judge Hendrickson still had concerns about Richard’s thinking skills.
“I am not convinced Mr. Richard yet understands the seriousness of his conduct … ,” the judge said.
Judge Hendrickson pointed to case law from the Supreme Court of Canada and Saskatchewan Court of Queen’s Bench while discussing the length of sentence in this type of situation. He noted that while sentencing is an individualized process, the “gravity of offences” in this situation is severe.
Moreover, the risk of Richard reoffending is high. He also refuses to take responsibility, lacks insight into his actions, blames the girl and her behaviour for what he did, and still poses a risk to young children.
Therefore, sending Richard to federal jail for two years was a “fit sentence,” Judge Hendrickson said. He is also prohibited from: being near a pool, daycare or school for five years, being near the victim, being a volunteer or in a position of trust with people under 16, and contacting anyone under 16 unless with an adult family member.
The judge also agreed to waive the victim surcharge penalty against Richard since he was being sent to prison.
