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durhamregion.com THE CANADIAN STATESMAN ♦ OCTOBER 20,2004 ♦ PAGE 3 gAppeal process starts |for former Blackstock couple ..Ontario Court of ^Appeal hears .arguments for and "against original nine-month sentence in child abuse case BY CHRIS HALL Staff writer . TORONTO -- A former Blackstock coiiple sentenced to nine months in prison for abusing their adopted sons for more than 13 years were unfit to look after the boys and therefore are undeserving of a longer sentence, the Ontario Court of Appeal heard Friday. Friday. During a two-hour hearing before three members of the Ontario Court of Appeal, at Osgoode Hall in Toronto, lawyers representing the middle-aged couple (known as Mr. and Mrs, Smith because their real names cannot be revealed in order to protect the identities identities of the two victims, now aged 17 and 18) stressed that their clients, described as having "disabilities and deficits," were "ill-equipped" to raise the boys, who they took from Ms. Smith's sister before her passing. Presiding over the hearing were James C. MacPherson, Jean-Marc Labrosse and Eleanore A. Cronk. The couple was originally sentenced to nine months in prison by Ontario Justice Donald Halikowski on July 5 of this year. Seven months prior, the Smiths each pleaded guilty to three counts of forcible confinement, three counts of assault with a weapon and three counts of failing to provide the necessaries necessaries of life. However, the sentence issued by Justice Halikowski received immediate immediate backlash from members of the public and others, and Durham Region Crown Attorney John Scott later recommended recommended that the Ontario Ministry of the Attorney General consider an appeal of the sentence. In late July, the Province announced that it would appeal the sentence. On Friday, lawyer Ian Scott, representing representing Ontario's Ministry of the Attorney General, noted he was seeking seeking an increase from the nine-month sentence to an appropriate penitentiary penitentiary time (more than two years) because the boys suffered 13 and a half years of abuse at the hands of their aunt and uncle, who were "in a position of trust" and meted out "egregious abuse." He added that there were "inappropriate "inappropriate principles at play in the lower court." As the hearing began, Mr. Scott noted that Justice Halikowski's original original sentence failed to consider the Smiths' breach of trust, questioned their impact on the victims and faulted the Oshawa court judge for imposing concurrent sentences. He also questioned whether the boys at all suffered from fetal alcohol syndrome, syndrome, which the Smiths and their defense attorneys claim led to the couple caging the boys because of their unruly behaviour. The couple "engaged in a long and systemic campaign of torture that destroyed the childhood of these boys. (The Smiths) largely stole the childhood childhood of these two boys," said Mr. Scott. "(Justice Halikowski) made numerous numerous errors in principle that make the nine-month sentence wholly inadequate." inadequate." >;•. Tina Yuen, , ; also representing the attorney general, added that' the Smiths were well aware their actions were wrong because they "engaged in deceit to conceal their behaviour for 13 and a half years -- that can't happen by accident. How can that be unless (the Smiths) took steps to make sure?" During the proceedings, Mr. Scott noted that he and his colleague would be seeking six- to eight-year prison terms for Ms. Smith and three- to five-years for Mr. Smith, which were the sentences originally requested by Soula Olver, an assistant Durham CORRECTION NOTICE The contact information provided in the Lakeridge Health's Service Plan insert that ran in the Canadian Statesman on October 13, 2004 was inadvertently cut off in the printing process. It should have read - Do you have a comment or suggestion? Write us at healthservice@lakeridoehealth.6n.ca or fax us at 905-721-4743. Our phone number is 905-576-8711, ext 4317. We apologize for any inconvenience. Crown attorney who worked the case in Oshawa. Christopher Hicks, one of two lawyers lawyers defending the Smiths, said the couple "weren't capable of handling these problems (associated with raising raising the boys)... and really did their best." He added that the couple took the boys to appointments with doctors and specialists and was in constant contact with the boys' school. "They were clearly concerned about the boys," said Mr. Hicks. Justice Cronk noted that Justice Halikowski had "spent a huge amount of time" on the. case, but that in his sentencing report "there is hardly anything anything on what they did to the boys... but (at other times) he describes it as near torture." Added Justice Labrosse: "Conduct to me is the most important part relating to sentencing." •The defense continued to point out that the boys were making progress at school and Mr. Hicks added the couple "failed to reach out for help." "They went to see doctors, but .they should have reached out to other agencies." agencies." Each side were asked by the three- member panel about Justice Halikowski's Halikowski's original sentence. Dennis Lenzin, Mr. Hicks' colleague, said the term "is not a trivial sentence... sentence... they're going to have a hard time in jail." Mr. Scott noted the Smiths' acts were "horrendous enough that the sentence is inappropriate." The Ontario Court of Appeal will now review the evidence that was presented presented and is expected to hand down a ruling in the case in the coming weeks. Ron Pietroqiro/The Canadian Statesman The cutting edge BOWMANVILLE -- Peter Mogensen brought his chainsaw art to the Bowmanville Apple Festival, sculpting an elephant from a log as fcstivalgo- ers looked on. : Irf'iiott'.ufr* i érii.'ft agâ X'7!?î, proof we can reduce your risk of heart disease, stroke, diabetes and cancer! See how good you could look in just 10 minutes with the Visual Fitness Planner! 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