Friday, November 23, 2007

Sex offender will finally know his fate

Raymond Stewart Stonechild committed his crime in 2001, was convicted in 2004, and will finally be sentenced in 2008.

His long-running case took a giant step towards a conclusion Thursday when the judge heard closing arguments on whether or not Stonechild should be designated a dangerous offender (DO).

While the Crown is arguing the 49-year-old should receive an indefinite prison term, Stonechild told the court he has the potential to be a contributing member of his community.

"I know it's possible for me to do good," he said, adding he's ready to seek help to deal with his problems. "I just have to humble myself and ask for it."

Court of Queen's Bench Justice Catherine Dawson said she'll need some time to review the considerable amount of evidence -- which spanned hearing dates over the course of several months this year through several adjournments -- before she delivers her verdict. The hearing met with several delays after Stonechild ran into trouble finding lawyers and witnesses.

The date for Dawson's decision will be fixed next month. If she sides with the Crown and designates Stonechild a DO, he would receive a indeterminate sentence, meaning he would be in prison or on parole for life. He could seek parole initially after seven years, and every two years thereafter. According to the federal government, as of last year, only 18 of the country's 351 DOs have received parole.

The defence is urging Dawson to consider instead a long-term offender designation, meaning Stonechild could be sentenced to a fixed prison term followed by community supervision for up to 10 years.

Stonechild has been held on the charge before the court since February 2004 when a jury convicted him of sexual assault for beating and groping a young pregnant woman. The offence occurred on June 27, 2001 in a Regina backyard.

It was his fourth conviction for a sex-related crime, adding to a record that includes several convictions for violent offences. That history sparked the Crown's application.

"Not to make light of the circumstances that got me here -- for that I'm ashamed of," Stonechild told the judge. "I'm ashamed of where I let myself go -- again."

In his closing arguments, Crown prosecutor Roger DeCorby said Stonechild has refused treatment in the past. Twice he served his full prison sentences rather than getting early release because he remained untreated.

"This is an individual who has really had everything offered to him . . . and the bottom line is it made no difference," said DeCorby.

Even after the 2001 sexual assault, Stonechild racked up two more convictions -- for assault and assault causing bodily harm.

"You have someone with a history, which says he's not going to change," DeCorby contended.

But defence lawyer Kim Stinson argued a DO designation should be reserved for the "worst of the worst." While Stonechild has rejected some programming in the past because it lacked a component of native spirituality, the programs have evolved and so has Stonechild. He said there is a reasonable prospect Stonechild, who often commits his crimes under the influence of drugs or alcohol, can be treated.

"There's been a lot of warehousing of this man for a long time," he added.

DeCorby rejected that characterization, adding "this is not a forever sentence. It's an indefinite sentence," subject to periodic review.

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