Winnipeg Free Press

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The man was also convicted of abusing his other sister, ' H', on at least two occasions when she was about eight and he was 18. Those incidents involved acts of touching. " The Crown argues that if the 30- month sentence in regards to the offences involving S was fit standing alone, how can that same 30- month sentence remain fit... when another major sexual assault involving a second victim, his sister H, included for sentencing consideration?" the Court of Appeal wrote in its decision this week. " The sentencing judge thereby discounted the sentence in regards to H to zero, thus effectively imposing no penalty against the accused for his assaults against H." Keyser had addressed the issue during sentencing, saying a sentence longer than 30 months more would go beyond the " overall culpability" of the accused. Keyser said she would give the man 30 months for the crimes against S and 18 months for what he did to H, but then reduced it down to 30 using the often- quoted legal term of totality. The Appeal Court said this week that was the wrong decision. " The specifics surrounding the sentencing could not be starker. There were two sets of separate and distinct offences involving two different victims," the court wrote. " While the sexual incidents against H were not as frequent as the ones against S and did not involve actual sexual intercourse, the fact remains they were two sexual assaults by an 18- year- old brother against an eight- year- old sister," the high court ruled. The court added six months to the man's sentence. " In my opinion, the accused's overall culpability with respect to the two sets of offences against both sisters called for an increase over what the sentencing judge had found to be the appropriate disposition of 30 months on the charge of incest involving S alone," the appeal court ruled. Appeal Court Justice Freda Steel disagreed with the majority finding of her colleagues, Justice Alan MacInnes and Justice Richard Chartier, and said she would not have added prison time. " The sentencing judge is entitled to make offences concurrent as one method to ensure that the sentence is not crushing," Steel wrote. She cited the horrific background of the accused, who had no prior criminal record, as grounds for leniency. " To say his family was dysfunctional is an understatement," she said. www. mikeoncrime. com Man guilty of incest has sentence extended By Mike McIntyre ' To say his family was dysfunctional is an understatement' A_ 0 5_ Jun- 23- 12_ FP_ 01. indd A5 6/ 22/ 12 5: 29: 07 PM ;