Wide gap in sentencing arguments for convicted N.S. sex offender
CBC
The Crown and defence are miles apart in their sentencing recommendations for convicted sex offender Michael Lynn Wentzell.
Attorneys made submissions Tuesday in Nova Scotia Supreme Court in Bridgewater at a sentencing hearing for Wentzell, who was convicted in a trial last October of raping a 13-year-old girl more than 40 years ago.
Crown prosecutor Sharon Goodwin asked Justice Diane Rowe to consider a prison sentence of eight to 10 years.
"The Crown looked at the circumstances of the offence and the case law that applied to an offence of that nature," Goodwin said outside court.
"It is the Crown's view that it is a fit and appropriate sentence and it is what the Crown felt was an appropriate request of the court."
Defence lawyer Matthew Fancy asked for a conditional sentence order — or house arrest — followed by probation. Failing that, Fancy said his client should spend no more than two years in jail. Fancy said Wentzell, who turned 72 last month, has several health issues and would not fare well in prison.
Fancy also objected to a Crown request that the judge impose restrictions on Wentzell that would keep him away from places where children gather and prohibit him from using the internet. He'd be subject to the restrictions either while serving a conditional sentence or upon release from prison.
Fancy argued internet access is essential in today's world and the other restriction is unnecessary because, he said, Wentzell is a low risk to reoffend.
Goodwin said the internet restriction could be tailored.
"There are decisions regarding the provision for no internet contact and there's, of course, exceptions that can be put in place so that one can function in the community in a safe manner and not being able to access the internet is one of the enumerated provisions under the code."
Wentzell was previously convicted of sexually assaulting another young girl over a five-year period beginning in 2002.
He was sentenced to four years in prison but released on parole after serving only one year. At his sentencing, his name was placed on the national sex offender registry and he was ordered to stay away from places frequented by children.
His property in Voglers Cove, N.S., has been targeted in the past. His house was shot at with what he said was a .22-calibre rifle, and graffiti was painted on his garage calling him a child molester and pedophile.
Rowe will hand down her sentencing decision on Aug. 14.
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