The man, who was convicted of sexual assault with a weapon, assault and confinement, is arguing for some of his charges to be stayed.
Warning: Story contains details of sexual assault
Before a Saskatoon man can be sentenced for the years of sexual and physical abuse he inflicted on his wife and stepdaughter, a King’s Bench judge will decide if he should be sentenced on all of his convictions.
Crown prosecutor Lana Morelli said the man — who is not being identified to protect the victims’ identities — is expected to make a Kienapple application on March 27 as part of the sentencing process.
Kienapple is a legal principle that prevents multiple convictions stemming from the same criminal act.
“Kienapple is when two counts are so intimately connected that you can’t have one without the other (and) that one should be stayed,” Morelli said.
The charges stem from between 2016 and 2020, when the family, who moved to Canada from the east African country of Eritrea, lived in Saskatoon.
Since his conviction on July 15, 2022, Morelli said the man fired his trial lawyer, John Abu, and retained Saskatoon legal aid lawyer Owen Griffiths in November.
The case was initially adjourned to September to order pre-sentence reports and select a date for sentencing. The matter was brought forward when Abu indicated he would make a charter application, arguing for the convictions to be stayed due to “cruel and unusual punishment” against the man during his time on remand.
However, Morelli said the charter issue has shifted to a Duncan application, which argues an offender should receive more than the standard enhanced remand credit due to their experience while on remand.
The Kienapple issue has to be dealt with before the charter application and sentencing arguments, Morelli said.
“If Justice Zerr determines that some of the counts are too similar, then both sides need to know what’s being sentenced on.”
Morelli said the charter application is scheduled for April 5 and sentencing will follow. Regardless of the outcomes of the two applications, Morelli said the facts upon which the man will be sentenced remain unchanged.
She said her mother was sometimes locked in the basement while it was happening, and when she tried to stop the assaults, the man also threatened her with a knife.
The mandatory minimum sentence for sexual assault with a weapon against a person under the age of 16 is five years. Morelli said any potential deportation issues would be determined after sentencing.
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