Sex offender spared jail

Sentencing a mentally disabled Vernon man to the mandatory minimum of one year in jail for sex crimes committed against two children would be “cruel and unusual” punishment, declared a B.C. judge.

Dylan William Scofield pleaded guilty to two counts of sexual interference with children under the ages of 16.

In his recent decision, Justice Gary Weatherill determined the mandatory minimum one-year jail sentence sought by the Crown was “unconstitutional.”

“There are reasonable alternatives even within a mandatory minimum sentencing regime that would avoid imposing grossly disproportionate sentences on less blameworthy offenders,” wrote Weatherill.

Weatherill declined to sentence Scofield to the mandatory minimum one year in jail, and instead granted him a six-month conditional sentence. A conditional sentence is a sentence served in the community instead of in prison.

Weatherill cited “exceptional circumstances” as the reason for his decision, including that Scofield was a first-time offender who suffers from “significant cognitive deficits.”

“This sentence may not satisfy everyone, but . . . the law requires my sentence to balance many factors, not just satisfy one particular interest,” he wrote. “I am not persuaded that the Crown has established that Mr. Scofield remains a danger to children.”

This incident occurred more than four years ago, and Scofield has not engaged in any concerning behaviour since then, wrote Weatherill.

The conditions of Scofield’s sentence include abstaining from communicating directly or indirectly with the victims and attending counselling or programs as directed by his supervisor.

Scofield was ordered to pay a victim surcharge of $200 and has been registered with the sex offender registry.

Weatherill also restricted Scofield’s use of the internet to access dating websites, unless in the presence of appropriate adult supervision for two years.

“Mr. Scofield, I hope you think long and hard about your actions and the harm you have caused to (the victims), their families, those closest to them and the impacts on your community,” said Weatherill. “Your decisions in life can have repercussions and reverberations that you may not feel, but can profoundly affect others. I also remind you that a breach of your conditional sentence order will result in you spending the balance of your sentence behind bars.”