** HEADS UP VANCOUVER Got A Dangerous one headed your way Cody Paul Lemay is Now Out of Prison **
** http://www.canada.com/story.html… **
VANCOUVER – A man jailed for five years after repeatedly sexually assaulting a 13-month-old girl during one week while her mother was at college has had his sentence increased by two years.
By The Vancouver Sun November 2, 2007
VANCOUVER – A man jailed for five years after repeatedly sexually assaulting a 13-month-old girl during one week while her mother was at college has had his sentence increased by two years. In handing down the ruling, the B.C. Court of Appeal agreed with Crown counsel that the earlier sentence handed to Cody Paul Lemay in February this year was inappropriate given the “sheer inhumanity” of his conduct.
The Crown had asked for another 10 years on top of Lemay’s sentence, but the three judges decided on seven, giving him credit for time served while awaiting sentence. The maximum penalty for aggravated sexual assault is life imprisonment.
“The defendant gave absolutely no thought to the effect of the injuries that he was inflicting on [the toddler],” Justice Mary Newbury said. “In my view, the principles of denunciation, protection of the public, and deterrence, as well as rehabilitation, required a longer sentence than five — or effectively six — years.”
Lemay pleaded guilty last September to one count of sexual aggravated assault against the child, claiming he initiated the assault because he was angry at the girl’s mother.
At the time of the original sentencing, the judge described Lemay’s actions as “inhuman and incomprehensible.”
Lemay, who was 22 at the time of the assault, had been living with the woman and her daughter for a short time before the assault occurred in September of last year.
The mother had left the toddler in Lemay’s care as she attended college. She started to suspect something was wrong after noticing signs of bleeding and bruising while changing her baby’s diapers. Lemay claimed he had dropped the girl the previous day. A few days later, the mother rushed the girl to hospital after noticing she was in “obvious distress.”
The sentencing judge at the time noted Lemay’s age, his quick guilty plea and the fact he had no criminal record.
Although a pre-sentence report found Lemay was traumatized by being bullied as a youngster, had suffered from depression and might suffer from borderline personality disorder, he was not diagnosed as a pedophile. But a phallometric test done as part of a post-sentence report, ordered after the Crown appeal was granted, showed Lemay’s greatest response was to “scenarios describing fondling a female child.” He also has a “clear profile of deviant sexual interests, with no interest in consensual adult relationships,” the report states. The report backs up comments by his grandmother in the pre-sentence report, in which she described him as “someone with serious mental health and substance abuse problems.”
His risk of reoffending violently was moderate while the risk of reoffending sexually was moderate to low, the report said.
Justice Newbury said it will be “good luck” if the abused child does not recall these events later in life.
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