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4-year sentence for online sexual abuser a 'slap on the wrist': Tory

Last Updated: Friday, December 21, 2007 | 3:08 PM ET

The Ontario Tories called a four-year prison sentence given to a man who sexually abused his young daughter live on the internet a "slap on the wrist," and called on the attorney general to appeal.

The St. Thomas, Ont., man, who can't be named to protect the child's identity, pleaded guilty in October to seven charges, including two sexual assaults against his daughter when she was three and four years old.

The sentence means the 39-year-old man could spend another 20 months in prison, in addition to the 14 he has already spent behind bars. He would be eligible for parole after serving a third of his sentence.

Progressive Conservative Leader John Tory said the prison time fails to fit the crime.

"This guy could be back on the streets in less than 12 months after committing a terrible crime. This is a disgrace," Tory said in a release. "Ontario's attorney general must push for a much harsher sentence and send a message we won't tolerate this type of criminal behaviour in our province."

Crown asked for 5 years, defence asked for two months

The Crown had asked for a five-year sentence in addition to time served. The defence lawyer, Bob Upsdell, pushed for a sentence that would amount to two more months in prison.

"This is a slap on the wrist when the courts need to bring down the hammer," Tory said. "This is an awful case of abuse."

The four-year prison term is at the low end of the sentencing range for this crime, criminal defence lawyer Andras Schreck told CBC News.

Between five and nine years would be an appropriate sentence, he said, for long term and persistent abuse of a child by a person in a position of trust, according to the Ontario Court of Appeal.

Despite the shocking nature of the crime, the sentencing judge has to make sure a sentence isn't based on anger or feelings of revenge, he said.

"Denouncing the conduct of the offender is something that the sentence should reflect. Deterring others, deterring this offender and promoting offender rehab — these are all factors the judge has to consider. And for that reason, sometimes, judges end up imposing sentences that the public has a knee jerk reaction that it's too low."

The case attracted international attention as one of the first times someone was accused of live child sexual abuse on the internet in Canada.

An undercover Toronto police officer witnessed the assault on the daughter on Oct. 29, 2006. He reported it to provincial police who quickly located the 39-year-old man at his home near London, Ont. He was arrested the same day.

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