Steve P Hinkley, Crown Prosecutor exposed in favor of sex offenders

Judge Bernadette Schmaltz knew 18 months behind bars was too short a sentence for the 43-year-old Yellowknife man recently convicted of sexually assaulting his common-law partner’s teenaged sister. Unfortunately it wasn’t up to her.  It’s hard to imagine what was going through the Crown attorney Steven Hinkley’s head when he accepted the defence’s request for a summary conviction, which effectively tied Schmaltz’s hands, capping the sentence at a year and a half.

Did he think that was a reasonable time behind bars for someone who has been convicted of 58 crimes including 18 of a violent nature?

Or was this just a case of taking the path of least resistance?

We may never know as Hinkley refuses to comment on why he followed the course he did.

Had he insisted on an indictable charge for sexual assault, the maximum sentence would have been 10 years. That certainly seems like a suitable range for someone who forces himself on a young person while they are sleeping. In this case, this individual wasn’t even deterred by the fact the victim’s niece was asleep in the same bed.

The victim impact statement clearly spells out what life is like for this youth since the attack.

“I feel so small. I barely get any sleep, I can’t eat. I’m afraid it will happen again, from anyone.”

So is 18 months fair, given the life that has been derailed in this case?

We don’t think so. If this fellow does re-offend in 18 months time, hopefully Crown attorney Hinkley will at least explain his thinking to the convicted man’s next victim.