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Cyril's Case — Sexual Assault (child) — Sentenced Client: Cyril, Accused Background: When Cyril was a teenager, he did some babysitting. Sadly, he abused two young boys. For years, what he had done hung about his neck as an albatross. Now that it was all in the open, Cyril was feeling some relief along with the long-standing shame and guilt. He wanted to account for what he had done. He also wanted to bring some closure for the men he had abused as children. At the same time, he feared going to jail, and having his life destroyed. Going to trial was never an option for Cyril. He couldn't bear to put himself or the victims through the judicial wringer. Goals: Although now an adult, Cyril was charged as a youth. For that reason, he didn't have to worry about being convicted, nor did he have to worry about being placed on Ontario's sex offender registry. He did, however, have to worry about jail. My goal was to keep him out of jail. Strategy: I sent Cyril for counselling. I
wanted him to address the "why" of his behaviour. I also wanted
to ensure that Cyril did his best to understand and overcome the "why."
The counsellor's report was positive, and indicated that Cyril had a low
risk of re-offending. I had numerous meetings with the Crown and the Judge.
I argued that it was not necessary to jail Cyril to serve the ends of
justice. Probation could do that in this particular case. The Crown was
impressed with Cyril's efforts at rehabilitation, but her position was
jail. The Judge indicated that he would keep an open mind until he heard
all the evidence and submissions. That would occur at the sentencing hearing. READ THE COURT
TRANSCRIPT OF THE SENTENCING |
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DISCLAIMER: Information on this site is not intended as legal advice. If you have a legal problem, seek advice from a lawyer. © 2003 — 2010. All Rights Reserved. Craig Penney. |