Judge struggling with sex offender’s sentence

Sentencing a man who admitted to having sex with an 11-year-old is proving difficult for a Penticton judge.

The unique facts of the case against Rick Allen mean there is little precedent on which Judge Meg Shaw can base her decision.

That prompted her Monday to ask the lawyers handling the matter to keep digging for something to support the sentencing positions they put forward Jan. 9.

“I need some assistance. You’re going to have to provide me something to justify those submissions,” she said.

Crown counsel Nashina Devji suggested a jail term of nine to 12 months, while defence counsel James Pennington suggested a maximum of three months.

The matter has now been put over until Jan. 23 to set a date for the lawyers to hand in whatever new cases they can find.

Allen, 27, pleaded guilty to one count of sexual assault against the girl in 2014.

Court heard the two connected on a dating website, before meeting in person at his home for sex.

The girl claimed she was 18, although Allen admitted to police he thought she may have been as young as 14 or 15.

Allen’s roommates told police they didn’t suspect she was only 11, since her hips and chest were developed and she was heavily made up.

I need some assistance. You’re going to have to provide me something to justify those submissions. Judge Meg Shaw