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O'Brien guilty of sexual exploitation continued from p.4 In her May 9 ruling, Baldwin found O'Brien's actions violated the trust placed in him as an authority figure and he was, therefore, guilty of sexual exploitation. "In this case, it is someone who, being employed in a business to ensure the safety and instruction of a young person in the protected 16-18-year-old age group, uses their employment position to enter into a sexual relationship with the young person," said Baldwin in her decision. "Individuals who call themselves coaches or tutors cannot do this." She also rejected the defense argument that while O'Brien had coached the victim previously, he was not coaching her specific team when the sexual relationship took place and he was therefore not in a position of authority over her. "(The victim) considered him to be one of the main coaches at (the gym). He was `coach Jono' to her. She did not know him in any other capacity," said Baldwin in her decision. "I am satisfied beyond a reasonable doubt that this was a relationship of trust. It was based on a coaching relationship, for which (the victim's) parents paid the gym, with one of his primary duties being to ensure the physical safety of the participants. There is no switch that turned on and off with respect to the primary relationship between these two people at the gym." Baldwin further stated there was no dating at all in the relationship with the primary focus being on sex and, seemingly, O'Brien's sexual gratification. During submissions, Crown Attorney Sean Bradley said O'Brien's actions warranted a sentence of between six to nine months in custody and three years probation. Additional conditions include no contact with the victim and a prohibition against him going within 500 metres of places where he knows she will be. Bradley also called for a provision that would ban O'Brien from being employed or placed in a position of trust or authority over those under the age of 18. Defense Attorney Paul O'Marra called for an intermittent sentence of 90 days in custody (to be served during weekends) and three years probation. Of that probation, six to 12 months would see O'Brien under house arrest with exceptions made for work and education. Bradley argued O'Brien's actions had a devastating impact on the victim, a particularly vulnerable girl who had been struggling with depression and anxiety and numerous other problems in her life. O'Marra pointed out O'Brien has no previous criminal record and has supports in the community that will help his rehabilitation. O'Brien spoke before the court stating he takes full responsibility and knows what he did was morally wrong. He also addressed the victim telling her he was truly sorry for everything that happened between them. "You needed a friend and I was not there for you," he said, reading from a prepared statement. 9 | Thursday, September 1, 2016 | OAKVILLE BEAVER | www.insideHALTON.com ALL YOU CAN EAT Lunch or Dinner DiNe iN foR AllYou cAN eAt 280 North Service Road W. @ Dorval 905-338-6228 10% oFF Dinner only. cash only & with this ad. www.august8.ca APPLEBY SYSTEMS FIREPLACE, HEATING & AIR CONDITIONING CONTRACTORS Dine In The Park At the FogolArs Country Club EXPERIENCE... OAKVILLE 905.825.1893 BURLINGTON 905.335.3203 All are Welcome! FAll DInner eVents oCtoberFest seAFooD Fest oct 1st & 2nd oct 16th · All you can eat Buffet, Apple Studel, Coffee & Draft Beer. Tickets $35 + hst · Sunday Brunch ­ all you can eat seafood buffet, incl. half lobster per guest. Tickets $50 + hst, cash bar 2086 SpeerS rd., Oakville Come See Our SHOWROOM Mon - Fri. 8am ­ 5pm; Saturday 11am ­ 4pm www.applebysystems.ca Home Comfort From Our Family To Yours WIlD gAMe nIght nov 19th · Saturday night sit down dinner; featuring Grilled Elk, Wild Boar Stew & Polenta, Roasted chestnuts, feature wines from Veneto & Friuli region, coffee and more! $50 + hst, cash bar Delivering gnoCChI lunCh Dec 11th $ Since 1967 in rebates & Discounts 2,350 UP TO · Sunday lunch, antipasto bar & a variety of traditional & gourmet gnocchi, featuring; squash gnocchi & wild boar, spinach gnocchi with smoked ricotta & pancetta, Gnocchi with radicchio & gorgonzola, dessert, coffee & more! $37 + hst, cash bar neW yeAr's eVe bAsh Dec 31st · Buffet dinner, featuring; mixed antipasto, various seafood, pastas, wild game, dessert, coffee, & more! See website for menu. Tickets $70 + hst, cash bar *SPACE IS LIMITED FOR ALL THE ABOVE EVENTS, CATERING@FOGOLARSCOUNTRYCLUB.COM For Menu details see the "Fall Winter Events 2016" on our website SAVE 30 $ 00 CAll us or eMAIl us For reserVAtIons 905-878-1030 or 416-433-0988 Have a maintenance tune-up on your furnace or fireplace and receive up to $30.00 Banquet facility open for catered events, call us for details. 2026 Lower Baseline road, Oakville 905-878-1030 · 416-433-0988 Fogolars Country Club www.fogolarscountryclub.com