Urging a provincial court judge to keep his client out of jail, a defence lawyer argued Tuesday that house arrest can be worse than time at Kamloops Regional Correctional Centre.
David Finney, 30, was found guilty after a trial on sexual assault charges.
Finney sexually assaulted a woman as she slept off a drinking binge in December 2011. The incident came after another woman in the home, a friend of Finney's, had suggested a threesome with the woman, something Judge Roy Dickey found was "partly in jest and partly seriously."
After the two women passed out in the same bed, Finney crawled between them. He'd had sex with his friend in past, but had only met the eventual victim that evening.
The victim testified she awoke to find Finney on top of her, having sexual intercourse.
Lawyer Don Campbell noted that Finney stopped immediately when the woman awoke and believed earlier she consented.
While the Crown asked for one-year in jail, Campbell argued for a two-year conditional sentence that would allow Finney to keep working as a drywaller and be a father to his three children. He urged Dickey to make much of that time house arrest with a strict curfew.
Campbell said a one-year sentence would translate into six to eight months in jail, during which time he would play video games, watch TV, go to the gym and play handball.
That contrasts with house arrest, except to go to his job in construction with “hard, physical work.
“He doesn’t get his weekends to play. . . . Most people would find it easier from a day-to-day perspective to do the time.”
Finney has a criminal record but has taken steps to turn around his life since the assault in December 2011.
Dickey reserved his decision to a later date. He noted anything but a jail sentence for sexual assault is rare.