Man’s appeal denied

A Vernon man convicted of sexual assault has had an appeal for a lesser sentence denied.

The defendant, whose identify is protected by a publication ban to protect the identity of the victims, was convicted of sexually assaulting his wife, assaulting two of his children with a weapon, assaulting his wife and assaulting a third child.

At trial, Crown sought a global sentence of five years and three months’ imprisonment, while the defendant argued for a three-year sentence.

The judge sentenced him to 4 1/2 years in jail, noting the defendant had no insight into what the judge described as his “cruel and selfish behaviour.”

The defendant claimed the judge failed to give sufficient consideration to him abiding by the terms of his bail and failed to consider the consequence of losing his right to appeal an immigration removal as a permanent resident of Canada.

A permanent resident inadmissible on the ground of serious criminality who has been sentenced to at least six months’ imprisonment loses the right to appeal a removal order.

He argued the global sentence should be reduced to 3 1/2 years.

BC Court of Appeal Justice David Frankel dismissed the appeal.

“The bail conditions were not onerous and compliance with them was (a) neutral factor,” he wrote, adding the loss of an immigration appeal was irrelevant.

“To maintain that appeal would require the sentence to be varied to less than six months,” he wrote. “Such a sentence would not be proportionate to the gravity of the offences (the defendant) committed or his moral culpability.”

Frankel added the defendant failed to show his sentence was “demonstrably unfit.”

“Like their mother, the children continue to suffer the psychological and emotional effects of (his) abuse,” wrote Frankel. “His conduct can only be described as reprehensible.”