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

The Offspring and Sum 41 announce show in Abbotsford

Bands play Abbotsford Centre on Nov. 30 as part of Canadian leg of current tour

UFV men’s basketball hosting NCAA’s Roadrunners

Cascades challenging Cal State Bakersfield in exhibition game on Monday

New hospice programs aim eyed for at-home patients and caregivers

Abbotsford Hospice Society set to launch day program for people living at home with terminal illness

Two hiking families team up to extinguish fire in Manning Park backcountry

Children and their parents worked for three hours to ensure safety of the popular hiking region

Abbotsford Arts Council seeks submissions for 2020 exhibits

Kariton Art Gallery hosts 10 to 12 shows each year

VIDEO: Canadian zoos’ captive breeding programs help preserve endangered species

Programs considered last-ditch effort to prevent local extinctions of turtles, butterflies and more

Mom mourns teen son whose fatal overdose posted on social media

Chantell Griffiths misses the son she hadn’t seen much in recent years

Man launches petition to bring charter schools to B.C.

The move could see up to 20 charter schools come to the province

Oppenheimer Park residents told to leave, clear out tents by Aug. 21

Police say park has seen influx of residents, violence in recent months

Elections Canada to assess ‘partisan’ climate change rhetoric case by case

People’s Party of Canada Leader Maxime Bernier has said climate change is not an emergency nor caused by human

Unseasonable snow forces campers out of northeastern B.C. provincial park

Storm brought as much as 35 centimetres of snow to the Fort Nelson, Muncho Lake Park-Stone Mountain Park

B.C. log export rules killing us, northwest harvester says

NorthPac Forestry says Skeena Sawmills has plenty of timber

Vancouver man arrested after pregnant woman’s SUV stolen, then crashed

Police are recommending charges against a 22-year-old Vancouver man

Most Read