‘I do not forgive you for what you have done’
Judge questions lenient sentencing recommendations for Kevin James Snowsell, 37, of Newcastle Creek, for touching two minors for a sexual purpose
A Newcastle Creek man is definitely going to jail for sexually abusing two underage girls, but a judge said Monday he’s concerned the recommended sentences were a bit too light.
Kevin James Snowsell, 37, of Harbour Street in Newcastle Creek, near Minto, appeared in Fredericton provincial court Monday for a sentencing hearing.
He’d previously been charged with two separate, indictable counts of sexual interference, alleging he touched two underage girls with his hands for a sexual purpose over extended periods of time.
However, Snowsell previously pleaded guilty to the lesser, included offences of summary sexual interference in both cases.
There are court-ordered publication bans protecting the identities of both underage victims.
Court heard Snowsell had frequent contact with both girls, in Newcastle Creek but in other locations as well, including Fredericton.
The first count stemmed from repeated instances of sexual touching of a girl between Sept. 1, 2015 and April 30, 2020, and the second involved a different girl between May 1, 2017 and Aug. 31, 2018.
Crown prosecutor Patricia Gillett said Snowsell had frequent contact with the second victim at a home near Minto.
“There were multiple different instances of touching involved,” she said.
The second victim told police the crimes started when she was 10 or 11 years old, court heard, and would involve Snowsell trying to touch her pubic area when no one else was around.
The first time it happened, Gillett said, the girl told Snowsell to stop as he tried to move his hand closer to her vagina, and he urged her to let him touch her. The victim nevertheless repelled his advances, court heard.
“Mr. Snowsell got annoyed and walked away,” the prosecutor said.
Even so, she said, it kept happening, with Snowsell repeatedly putting his hands on her and rubbing her pubic mound. Gillett noted that at no time in any of the sexual touching did the offender penetrate her digitally or go any further.
The girl reported that eventually, she didn’t try to stop Snowsell because he just kept at her over time, court heard.
‘You have made my life worse’
That victim read her impact statement aloud in court and faced Snowsell directly for much of it.
“I do not forgive you for what you have done. You have made my life worse,” she told him through tears.
“I trusted you, and you said you would never hurt me like my father did … I hope to never see you again.”
The now-teenage girl said since the crime, she has trouble being in the presence of older men.
“I feel uncomfortable, and I don’t feel safe,” she said.
Crown prosecutor Rodney Jordan, who handled the first count, said the victim from his case similarly reported emotional fallout from her experiences with Snowsell, which also involved him touching and rubbing her genital area but stopping short of any kind of penetration or even more egregious sexual violations.
The prosecutor noted Snowsell also touched the first victim’s breast when the unwanted contact began.
“She feels guilty for standing up for herself,” Jordan said, explaining that the revelation of his criminal behaviour has affected other people around her and Snowsell.
He said Snowsell had opted for a superior court trial, but he pleaded guilty to the summary charge on the morning of the scheduled preliminary inquiry in provincial court.
Gillett said her victim had to testify through the preliminary inquiry in her case, but it was after that hearing that Snowsell admitted to victimizing her, sparing her the need to testify again at trial.
Derrah noted his client was using hard drugs at the time of the crimes, but he’s since been dealing with his substance-abuse issues.
While the offences are serious, he said, it’s important to recognize Snowsell’s conduct was at the lower end of the spectrum for sex crimes against minors.
“These situations could’ve been a whole lot worse,” the defence lawyer said.
“Thankfully, it didn’t proceed past the rubbing stage.”
Derrah said his client has no previous criminal history and expressed remorse in his pre-sentence report interview.
“I’m sorry for everything I’ve done. It’s time to move on with my life,” Snowsell told the court Monday.
He said he’s been clean from drugs for nine months.
Judge has concerns
Jordan and defence lawyer Edward Derrah offered a joint recommendation on sentence for the first offence: three months in jail - the mandatory minimum sentence for that crime.
Gillett recommended a further five to six months in jail on her file, while Derrah suggested five months would be appropriate.
Court heard the offences also carry with them mandatory orders for submission of a DNA sample for inclusion in a criminal database and registration as a sex offender.
However, Judge Scott Brittain expressed concerns over the sentencing recommendations.
He acknowledged the various mitigating factors in Snowsell’s favour, but emphasized the seriousness of the crimes and that the Supreme Court of Canada has directed sentencing judges to take a hard line against those who abuse minors sexually.
“What I’m having difficulty with here is getting home on this being an adequate sentence,” the judge said.
The frequency of the violations and the prolonged periods over which they occurred were aggravating factors, Brittain said, noting he had no case law before him that supports the shorter jail terms suggested by Crown and defence counsel.
Gillett noted when prosecutors and defence lawyers negotiate such arrangements, there’s always some give and take. From her perspective, she said, getting a young victim to testify at trial is always a daunting prospect that comes with no guarantees.
The prosecutor said Snowsell’s lack of a record, clear remorse and the lesser degree of the crimes factored into her recommendation.
“All of these different things were taken into consideration,” Gillett said.
Derrah noted such plea bargains avoid potential challenges and pitfalls in cases. For example, he said, one of the victims had previously reported being abused by another man in her life, and the defence could have explored that in cross-examination at trial.
Snowsell’s guilty pleas meant that adversarial process didn’t come to pass, the defence lawyer said, arguing it merited consideration in sentencing as well.
Jordan pointed out that while Supreme Court of Canada precedents push for tougher sentences in various cases, they’ve also struck down mandatory, minimum sentences for other sections of the Criminal Code of Canada. That can make for some mixed messages from the country’s top court, he said.
The court must also remember that each case is unique, Jordan said, so a tougher sentence in one case doesn’t mean it’s called for in this one.
Brittain adjourned the sentencing hearing over to Friday afternoon to allow counsel to research case law and submit precedents in support of their positions.
The judge ordered Snowsell - who’s free on conditions - to return to provincial court at that time.
Don MacPherson can be contacted at ftonindependent@gmail.com.
Judge Brittain is one of the few Judges with true ethics and integrity. He has a great moral compass. We need more Judges like Scott Brittain.
This guy is a piece of shit and deserves way more time, people get 2 year in federal prison for weed and this guy is looking at months in provincial jail....