A sentencing hearing was held April 12 for Andrew Mullaly for the ongoing sexual abuse of a girl who was between the ages of 11 and 16. (Facebook)

Judge questions joint submission for Chilliwack man who sexually assaulted girl

Crown, defence ordered to find case law to back up one-year sentencing for Andrew Mullaly

The provincial court judge tasked with sentencing a Chilliwack man who sexually and mentally abused a young girl over five years is questioning the joint submission from Crown and defence.

In what seemed to some in attendance like a rushed sentencing hearing late on a Friday, Crown counsel Grant Lindsey and defence lawyer Darrel Schultz told Judge Andrea Ormiston that one year in jail was a suitable sentence for Andrew Mullaly.

Mullaly was charged with sexual assault, extortion and possession of child pornography for ongoing abuse of a girl from the time she was 11 until 16. The multi-year abuse and humiliation began with his form of “punishment” where she was forced to strip naked for him. That expanded to him filming her in the shower at least once, and led to repeated instances of sexual touching and sexual assault.

• READ MORE: Young girl sexually, mentally tormented for five years by Chilliwack man

During the brief hearing on April 12, Lindsey read parts of a victim impact statement from the girl, in which she said she felt “used, manipulated, hopeless, ashamed.”

Given the late hour that day, and the seriousness of the case, Ormiston told the lawyers she would not accede to the joint submission without giving the matter further thought. The case was back in court on April 23 where Ormiston still did not agree to the joint submission, but rather ordered the two lawyers to come back with case law backing up the legitimacy of a one-year jail term for this particular crime.

In Canadian law, judges are not bound by joint submissions, however, the courts are generally reluctant to divert from what is proposed by both Crown or defence assuming there is case law showing similar sentences for similar crimes.

According to the Ministry of Justice’s Crown counsel policy manual, Crown should agree to present a joint submission “only where satisfied that a joint submission is appropriate in the public interest and, in particular, will not bring the administration of justice into disrepute.”

Crown also should present the legal basis in court so that the decision is “readily understood by the court and members of the public.”

There are cases where judges have decided the joint submission is inappropriate. In November of last year, Crown and defence issued a joint submission of five years in jail for Surrey drug dealer Jagdeep Singh Cheema who pleaded guilty to drug trafficking and firearms offences.

But B.C. Supreme Court Justice Catherine Murray said the drug-related violence in Surrey was “out of control,” that Cheema was willing and ready to participate in gun warfare, and she was unsatisfied with the sentence. Justice Murray gave Cheema eight years instead.

• READ MORE: Judge says Surrey drug dealer was ready for ‘gun warfare’

Mullaly’s next scheduled court date is May 13. Judge Ormiston will either hear from Crown and defence on a date prior to that to pass sentence on May 13, or on May 13 she will hear from the lawyers and sentencing will likely be put over to another date.

• RELATED: Former Chilliwack sports coach charged with sexually assaulting youth


@PeeJayAitch
paul.henderson@theprogress.com

Like us on Facebook and follow us on Twitter.

Comments are closed

Just Posted

Charge laid in Abbotsford motorcycle crash that killed Maple Ridge woman

Megan Kinnee, 19, died in collision on July 13, 2018

Abbotsford couple bring son home from Nigeria after long adoption delay

Kim and Clark Moran spent almost a year waiting to finalize adoption of Ayo, 3

PHOTOS: Fraser Valley Pride Celebration kicks off in Mission

The Stage hosted two events, including the fundraising dinner and talent showcase

Search continues for missing elderly woman in Chilliwack

RCMP, Chilliwack Search and Rescue and community members combing area for Grace Baranyk

Big Chill a hot event in Langley

Flight Museum holds “ask the pilot panel” and demos flights for young pilots over the weekend

‘Bad choices make good stories’: Margaret Trudeau brings her show to Just for Laughs

Trudeau says over the decades she has been suicidal, manic, depressed

UPDATE: Youth seen with gun at Nanaimo mall, suspect now in custody

Woodgrove Centre shut down during police incident

B.C. man dies from rabies after contact with Vancouver Island bat

Last known case of human rabies in B.C. was 16 years ago

Crown recommends up to two-year jail term for former Bountiful leader

Crown says sentence range should be 18 months to two years for Bountiful child removal case

B.C.-wide police efforts identify Vancouver Island robbery suspect

Warrant issued for arrest of North Vancouver man for TD Bank robbery

VIDEO: Wolf spotted swimming ashore on northern Vancouver Island

Island wolf population estimated at under 150 in 2008, says VI-Wilds

Diversity a Canadian strength, Trudeau says of Trump tweets at congresswomen

Trudeau avoided using Trump’s name when he was asked about the president’s Twitter comments

Garneau ‘disappointed’ in airlines’ move against new passenger bill of rights

New rules codified compensation for lost luggage, overbooked flights

Mercury tops out on top of the world: Alert in Nunavut warmer than Victoria

It’s the latest anomaly in what’s been a long, hot summer across the Arctic

Most Read