‘Contradictory information’ puts sentencing on hold

A 27-year-old man who admitted to having sex with an 11-year-old girl will have to wait at least another two weeks to learn his fate.

Sentencing for Rick Allen of Vernon was delayed Wednesday as neither Crown counsel Nashina Devji nor defence counsel James Pennington were able to present similar cases to Judge Meg Shaw. As well, details from Allen’s psychological report were inconsistent and vague, the judge said.

Allen first connected with the victim in 2014 on the dating website Plenty of Fish, where she claimed to be an 18-year-old single mother. After meeting for the first time, Allen worried she was lying about her age and that she was no older than 16. Even with that suspicion, the two proceeded to have intercourse at a Penticton apartment he shared with several others.

Allen was later shocked to learn the girl was only 11. According to Allen’s roommates and a pediatrician who examined the girl, she looked older than her age due to a developed chest and hips and her use of make-up.

Allen is described as low-functioning with ADHD and unable to work. That’s contradicted, Shaw said, by the fact he was capable of navigating the Internet, posting a profile and communicating with others, including his victim.

“We’re grasping and speculating and guessing on certain things,” Shaw said. “I’m not trying to drag this on. I’m struggling with contradictory information for a fit sentence for this offence.”

Devji originally suggested a jail term of nine to 12 months, while Pennington suggested a maximum of three months to be served on weekends.

Devji noted Allen had no previous criminal record, he pleaded guilty early, and he has paid personal consequences — including being shunned by friends and a strained relationship with his family.

Shaw said she would like the matter to be finalized within two weeks. Pennington said that will depend on how quickly the school board replies to his request for records.

Allen was dressed in a business suit and sneakers and supported in court by his mother.