Superior Court Justice Patricia Hennessy has reserved her decision in sentencing well-known former track coach David Case and his protege, Celine Loyer.
On March 5, Loyer was convicted of sexual assault, while Case was convicted of aiding and abetting in that sexual assault of a woman at Case’s home in 2011.
The Crown said Case and Loyer acted as a team in the sexual assault, and they both have the same degree of moral blameworthiness. As such, the Crown was seeking the same sentence for both.
Assistant Crown attorney Stephanie Baker is seeking a two-to-three-year penitentiary term. Should Hennessy decide a lesser sentence is appropriate, the Crown is seeking a jail term of two years less a day, as well as three years of probation and a number of other conditions.
Loyer is represented by defence lawyer Michael Haraschuk, while Case is represented by Nicholas Xynnis. Both are seeking a six-month jail term, as well as three years probation.
Baker told the court the fact this offence did not involve intercourse or gratuitous violence doesn’t take away from the seriousness of the crime, and that the Crown wants to send the “clear and unmistakable message” that sexual assault on an unconscious person will not be tolerated.
She said Case and Loyer treated the victim like a playmate for their own sexual gratification, and that Case attempted to manipulate her memory following the offence, to the point he was attempting to make her believe she was the one who was out of line that night.
The sexual assault “violated her sexual integrity,” said Baker.
The victim did not provide an impact statement during sentencing submissions.
Furthermore, neither Case nor Loyer have expressed any remorse for their actions, said Baker.
Aggravating factors including the victim was young, 19 at the time of the sexual assault, impressionable, new to Sudbury and had few friends.
Haraschuk and Xynnis presented similar submissions for their clients.
For Case, despite his sexual assault conviction in another legal matter for which he is waiting to be sentenced, he has to be sentenced as a first-time offender, said Xynnis.
Baker said the Crown’s office is not asking Hennessy to consider that other conviction in this sentencing, and that it would run consecutively to whatever sentence Case receives from that matter.
The defence said both their clients have suffered greatly from the charges and subsequent conviction.
Loyer, a former registered massage therapist, had to shut down her practice due to many pressures, including a dwindling client base.
However, Loyer was young at the time of the assault, and has no prior criminal record, the defence said. She leads a pro-social life and has abided by her release conditions since her bail hearing.
As a first-time offender, her sentence should be the least restrictive, said the defence.
Case continues to practise as a music producer, alongside Loyer, but has been living on social assistance since he was first charged. He has been assaulted and threatened online and in person while walking outside, said the defence.
The matter will return to court Jan. 19 to set a date for Hennessy to release her sentencing.