Corner Brook -
A Corner Brook man who inappropriately touched a teenage girl has been sent to jail for twice as long as had been recommended by the Crown.
Charles Earle Daye, 59, had pleaded guilty to one count of sexual interference in relation to an incident, which took place Oct. 2, 2008.
He had originally been charged with three counts of sexual assault and four counts of sexual interference, but the other charges were withdrawn by Crown attorney Mike Fox.
Daye and his victim, who was under the age of 16 at the time of the offence, were familiar with each other. On Oct. 2, 2008, the complainant was walking by Daye's place of employment while out collecting donations for a charity. After calling her over and making a donation to the cause, Daye pulled the girl close to him, kissed and fondled her.
She immediately resisted his advances and left without further incident.
In a victim impact statement she read out in provincial court, the complainant told Judge Wayne Gorman she has become scared to stay home alone and has difficulties trusting people since this incident. In addition to the emotional stress, the incident has also negatively impacted her performance at school and has led her to use alcohol.
In terms of sentencing, the positions of Fox and defence counsel Jamie Merrigan were similar, with both recommending a period of three to five months imprisonment should be imposed. The only significant difference was Fox opposed Merrigan's suggestion that the sentence should fall into a range that would allow Daye to serve the sentence on an intermittent basis.
Prior to Nov. 1, 2005, there was no minimum range of sentencing for a sexual interference conviction and the maximum was six months in jail. However, legislative amendments enacted since then have increased the range from a minimum of 14 days in jail to a maximum of 18 months.
The judge said neither party seemed to recognize this dramatic shift in sentencing ranges, and ruled Daye's offence demanded a stiffer sentence than five months.
Accepting the Crown's submission on sentencing, said Gorman, would have "a long-term negative impact upon the court's ability to protect young girls from the type of activity which occurred here."
Gorman actually felt the offence warranted a 13-month sentence, but decided on 10 months, given the fact Daye pleaded guilty, he has no prior criminal record and the incarceration could have an impact on his employment as a mechanic.
Gorman also gave Daye the maximum period of probation, namely three years after his jail time has been served. The conditions include not having any contact with the complainant, and refraining from being in the company of any person aged 15 years or younger.
He was ordered to provide a sample of his DNA to the proper authorities and will also be placed on the national sex offender registry for a period of 10 years.
