A man with a 10-year history of sexual offence-related convictions entered a plea of guilty and was sentenced to an additional 240 days in prison, as part of a joint submission in Kelowna Provincial court on Dec. 30.
The accused, Taylor Dueck, was arrested and charged with invitation to sexual touching of a person under 16, sexual assault and breach of probation order following an incident involving an 11-year-old girl that took place on Feb. 9, in Kelowna.
Dueck has remained in custody since his arrest, after being
At the time of the incident, Dueck had been living in the community for 14 months under the terms of a probation order relating to a prior conviction.
Robert Larmer, counsel for Dueck, said that his client was supposed to be under the care of a support worker at the time of the equestrian facility incident.
"I think the system has failed Mr. Dueck," said Larmer in an interview outside of the Kelowna courthouse, after entering a joint submission for a provincial sentence of two years less a day with Crown counsel.
Dueck has received credit for 489 days served for the time he spent in pre-sentence custody. He has 240 days of jail left to serve.
The court also imposed a 3-year probation order, a DNA order and a lifetime firearms prohibition. Dueck was also ordered to comply with the Sexual Offender Registry Act for the duration of his lifetime.
"Mr. Dueck is mentally handicapped, he has an IQ between 53 and 67. He is a special needs person."
Larmer said that instead of providing supervision and assistance, Dueck's support worker left him alone and "decided to go and sit in the car and play games on his phone."
While unsupervised Dueck committed the offence, scaring an 11-year-old girl at the equestrian facility, said Larmer.
"Had Dueck's worker done his job, he would never have scared the complainant, he never would have gone to jail, and there would be no court hearing."
Larmer said he and Dueck agreed to the joint submission because it balanced the Crown's interest in "getting a conviction," while ensuring a minimal sentence is imposed.
Dueck has a history of criminal convictions relating to inappropriate sexual behaviour dating back to 2014.
When asked if there are any resources that will be offered to Dueck to prevent further incidents, Larmer said "I certainly hope so."