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

Question Answers with Fraser-Cascade 2019 byelection candidates

Seven candidates have stepped forward for this year’s sudden byelection—learn about them here

Sunshine Valley teens burning with promise

Possibly the youngest in B.C., Sunshine Valley trains 15- and 16-year-old firefighters

Figures reveal spike in highway traffic jams between Abbotsford and Langley

Nearly one in 20 westbound vehicles between Abbotsford and Langley clocked at under 60 km/h

Taser takedown in Chilliwack complex after incident gets violent

Male suspect became agitated under questioning and repeatedly punched an officer

Hang gliding video gives stunning view of Harrison and Fraser river confluence

Aerial view shows striking difference between two rivers as they meet

Rich the Vegan scoots across Canada for the animals

Rich Adams is riding his push scooter across Canada to bring awareness to the dog meat trade in Asia

Vancouver Island teens missing after vehicle found ablaze near Dease Lake, BC

RCMP say a body discovered nearby not one of the missing teens

A year later, ceremony commemorates victims of the Danforth shooting

It’s the one-year anniversary of when a man opened fire along the bustling street before shooting and killing himself

Japanese Canadians call on B.C. to go beyond mere apology for historic racism

The federal government apologized in 1988 for its racism against ‘enemy aliens’

B.C. VIEWS: NDP pushes ahead with Crown forest redistribution

This isn’t the time for a radical Indigenous rights agenda

Two dead in two-vehicle crash between Revelstoke and Golden

RCMP are investigating the cause of the crash

Ottawa fights planned class action against RCMP for bullying, intimidation

The current case is more general, applying to employees, including men, who worked for the RCMP

Alberta judge denies B.C.’s bid to block ‘Turn Off the Taps’ bill

He said the proper venue for the disagreement is Federal Court

Most Read