Appeal court upholds 16-year term for man who sexually abused daughter

The 16-year prison term handed a Calgary dad who brutally sexually abused his young daughter, in some cases while her brother was in earshot to hear her screams, was a justifiable sentence, Alberta's top court has ruled.

In a nine-page written decision, a three-member panel of the Alberta Court of Appeal said Justice Bruce Millar made no errors in handing the offender such a stiff penalty.

The appeal judges agreed with Crown prosecutor Julie Morgan that the sentence reflected the seriousness of the abuse the pedophile father inflicted on his victim.

Defence lawyer Efrayim Moldofsky argued last month that Millar overemphasized the aggravating factors in the case and failed to reduce his client's term because of his treatment while on remand.

Moldofsky said the offender was the victim of vigilante justice at the hands of other inmates.

“He has practically been beaten to death multiple times,” the lawyer said, in arguing his client's sentence should be halved.

But Morgan suggested the multiple beatings may have had more to do with the offender's personality, rather than for the crimes the offender committed.

“Some inmates say he runs his mouth off, some guards say he runs his mouth off,” she said, of potential motives other than vigilante justice for the assaults.

The appeal judges said Millar did not err in reducing the sentence based on his prison treatment because he wasn't able to determine the motives for the attacks.

“The sentencing judge found that he was unable to determine the cause of the altercations because the appellant did not testify,” they said.

The punishment sent out the “strong message” the Supreme Court said is required in the sentencing of those who commit sexual violence against children.

“It is proportional to the gravity of the many acts the appellant committed against this young child, knowing that the person who should have been protecting her was the very one abusing her, and the ongoing harm caused to the complainant and her brother.”