Sex offender sentenced to 90 days in jail for violation

BARRHEAD – Failure to comply with court-ordered conditions of release and registration earned a Barrhead man a 90-day jail sentence.

Justice Gordon Putnam handed down the sentence, accepting joint Crown and defense submissions made to Hunter Kashe Sperling-Veitch in Barrhead Magistrates Court on June 11 after he pleaded guilty to one count of failure to compliance with a release order (curfew) and a charge of failing to comply with registry requirements under the Sex Offender Information Registration Act (SOIRA).

However, due to the 80 days of 1.5 enhanced credit he had already served in prison, Sperling-Veitch was in a time served situation.

The Crown also withdrew one charge of failing to comply with court orders and two counts of theft under $5,000, mischief damage over $5,000, break and enter into a house other than a dwelling house and non-compliance with a commitment linked to another incident.

The facts of the crime

Crown prosecutor Dallas Sopko said that on March 11, 2024, in Barrhead County, an officer was conducting a routine curfew check on the accused at his approved residence, at which he was required to be at 24 hours a day and did not have permission. leave.

“The officer went to the residence and knocked on the door several times, with no response. The officer announced the presence of the police and called the accused, but there was no answer at the door,” he said. “After several minutes of attempting to locate the defendant on the property, the officer determined that Mr. Sperling-Veitch was not in compliance with his conditions.”

Sopko added the second charge related to the defendant's failure to report to local police as required following an October 2017 conviction under Section 151 of the Criminal Code for sexual interference.

He added that as a result of this conviction, Sperling-Veitch was subject to a 20-year SOIRA order requiring him to comply with specific recording and reporting requirements.

Sopko said most relevant was the need to check in annually with local police to keep them informed of one's living and employment situation.

“[Sperling-Veitch] “He was required to do it between September 12 and October 12, 2023. And he did not do it, contrary to the order,” he said.

Crown position

The Crown said as part of the joint argument agreed with the defence, it was seeking two 45-day sentences for each charge served consecutively.

Sopko said aggravating factors included the defendant's criminal record, which includes 14 convictions over the past seven years, including two other violations of the same SOIRA order, one of which was sentenced to 24 days in custody and the other to 60 days of detention.

He said Sperling-Veitch was also convicted of failure to comply, for which he was sentenced to 20 days, and violation of probation, for which he was sentenced to 12 months.

On the mitigating side, there is the guilty plea at the docket stage before setting a trial date, Sopkos said.

“I respectfully submit that what we jointly propose is a just and appropriate sentence,” the Crown said. “He got 24 and 60 days for the same thing, so 45 days is right in the middle,” he said. “The court might say, Mr. Sopko, shouldn’t the same principle apply?”

He added that he did not have details on why Sperling-Veitch received such an increase from 24 to 60 days, but noted that the proposed sentence included a substantial increase from 24 to 45 days.

Defense

Defense lawyer Chinoso Obiorah said his client is 29 years old, has a grade 10 education and comes from a troubled home.

“Growing up, (he) lived with his grandmother, his uncle, and then his parents,” he said. “His father is an alcoholic and his mother still struggles too.”

Obiorah added that his client also suffers from a learning disability that he has struggled with his entire life and which contributed to his criminal record.

However, he said Sperling-Veitch had taken significant steps to change her life over the past two months in particular.

“[My client] apologizes for his actions; his first plea shows that he is very remorseful and takes responsibility. He wanted to let the court know that he wants to continue to take steps that will allow him to continue on his path and stay out of the justice system. »

Barry Kerton, TownandCountryToday.com