The defence lawyer for a teacher convicted last fall of sexual assault told a BC Supreme Court judge on Monday, Sept. 8 in Prince George that his client should serve a conditional sentence of two years less a day in the community, rather than the 30-to-36 months in jail sought by the Crown.
Jon Duncan told Justice Simon Coval that Brendan Tomas Boylan, 40, has no criminal record, is a low risk to reoffend and contributes to the community.
“Sex assault is truly a terrible crime and there’s no way around it,” Duncan said. “And he's not asking you to find otherwise in this case, or in any case, for that matter, but he's saying that the constellation of mitigating factors represents a compelling case, in this case, for a conditional sentence.”
Duncan read from character reference letters, told the court that his client is a frequent donor to the Canadian Blood Services and is of vital assistance to his mother and autistic brother.
Duncan said Boylan has lost his “entire economic life, but for his disability pension, and lost his home and likely his career as a teacher.”
The BC government’s online registry of teachers says Boylan signed an undertaking not to practise last year, “pending resolution of a matter before the commissioner or a hearing panel under Part 6 of the Teachers Act.”
Duncan said there is “virtually no chance” that Boylan’s certificate will ever be restored. More likely, he’ll be barred for life.
“He does have serious health issues, sensitivity to bright light and noise will make it intolerable in jail,” Duncan said. “That’s an extra punishment, almost a torture, not imposed by you, of course, just the fact of the problems there.”
Last Nov. 20, Coval found Boylan guilty beyond reasonable doubt.
While having consensual sex with Boylan, the victim said she felt pain and asked Boylan to stop, thus withdrawing her consent. The victim testified that Boylan instead held her down on the bed and forcibly continued, causing her injury.
Boylan denied the allegations, but Coval found his testimony “implausible, not credible and untruthful.”
The sentencing hearing was delayed while Boylan attempted to quash the charge on constitutional grounds. But, on June 3, Coval decided that Boylan’s right to a timely trial was not violated.
Boylan, who represented himself for the constitutional challenge, claimed that the trial lasted 16 months longer than the 30-month presumptive ceiling set by the Supreme Court of Canada.
Coval decided that 26 1/2 months of delays were due to the defence and other circumstances he called unavoidable. He said the actual length was 20 months from indictment to completion of the trial.
The sentencing hearing was scheduled to run through Wednesday, Sept. 10, but Coval said he could render a decision as early as midday Tuesday, Sept. 9.
However, there may be a further delay, because Boylan had requested that the imposition of his sentence take place in a Vancouver courtroom.
