LOWEST SENTENCE FOR MULTIPLE VICTIM SEXUAL ASSAULT

The client was charged with 36 counts of sexual assault, invitation to sexual touching, sexual interference, all in the context of grooming two prepubescent boys. The Crowns position after trial was for penitentiary time of upwards of 10 years of jail. The grooming behavior spanned over 3 years. After protracted negotiations, Mr. Lewandowski was able to broker an arrangement where the client pled to 6 counts; the remaining 30 counts were withdrawn. However, the Crown was still of the view that on an early guilty plea, 7 years of jail was the appropriate result. To this end the Crown cited the notorious case R. v. D.D. in which Ontarios Court of Appeal indicated that high penitentiary numbers were merited for these types of offences. As aggravating factors, the Crown pointed out that there was bondage equipment and drugs involved apparently to entice the young victims. However, a lot had changed in the accuseds life since the times of the offences. Mr. Lewandowski was able to present information to the Court which indicated that the offender was treatable with proper psychiatric support and medications. Ultimately, the result was for custody of 2 years less a day, which ensured that the offender remained in the provincial system. This allowed the client to be transferred to the St. Lawrence Valley Treatment Center, where he would have access to the psychological services he would need to be properly re-integrated into society and lead a productive life upon release.

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