Crown wants Fort McPherson man supervised until age 50
A judge will decide this fall whether a Northwest Territories man who survived a "deeply traumatic" childhood will be declared a long-term offender.
The crown applied to have Johnny Jeffery Simon, of Fort McPherson, designated a long-term offender after Simon was convicted last year of his third sexual assault. Simon's criminal history includes two violent attacks on his grandfather, the second of which contributed to the grandfather's death.
Both sides agree that Simon should be jailed for his most recent sexual assault for about 7 years. With credit for the time Simon's already served, that would leave him with just over two years to serve.
In court documents, Simon's lawyer, Kate Oja, says that should be the end of his sentence. Prosecutor Morgan Fane says after Simon finishes his jail time, Simon should remain under a long-term supervision order for another eight years, until he is 50.
Long-term supervision orders include conditions — such as abstaining from alcohol and checking in regularly with a parole officer and taking counselling — aimed at reducing the offender's risk of committing more crimes. If they are convicted of crimes they can be ordered to serve out the remainder of the order in prison.
Oja said Fane has failed to prove beyond a reasonable doubt there's a substantial risk Simon will re-offend. She pointed out that Simon's most violent non-sexual crimes have been against the same victim — the two times he was convicted of beating his grandfather.
In 2008, he was convicted of assault causing bodily harm on his grandfather in an attack that left the older man with extensive injuries to his neck, jaw, face, eyes, nose and chest.
In 2010, Simon was convicted of aggravated assault on the same victim, beating him to the point of unconsciousness and then hitting him in the head with a metal chair, leaving his grandfather with brain damage that contributed to his death two months later.
'Deeply traumatic' childhood, says lawyer
In a written submission to the court, Oja said the psychiatrist that examined Simon for the long-term offender application agreed "...that there was a unique context to that violence, given the abuse suffered by Mr. Simon at the hands of his grandfather…"
Simon was raised by his grandfather from about the age of five. In a background report he says the grandfather, as well as an uncle, physically and sexually abused him from the age of about five or six to 18.
That was part of an upbringing that Oja described as "deeply traumatic," and included drinking regularly and using inhalants beginning at the age of 11 or 12. Simon's mother was stabbed to death when he was 14.
Oja says that a jail sentence of two years plus one day would allow Simon to get high-intensity sex offender counselling at a federal prison.
Fane argued that Simon's criminal record itself is proof he's a continuing danger to others.
"Mr. Simons conduct in this case and antecedents prove beyond a reasonable doubt that there is a likelihood in the future of his causing injury, pain or other evil," said Fane in a written submission.
In 2001 Simon sexually assaulted a woman who was severely developmentally delayed. In 2007 he raped a brain injury patient in long-term care at the Inuvik Regional Hospital when she went out for a walk.
Simon is now being sentenced for raping a woman in a stairwell in Inuvik after the two broke into an apartment to steal liquor.
"Long-term supervision to age 50 is the only option for someone who presents with Mr. Simon's risk factors, whether considering an Indigenous or non-Indigenous offender," wrote Fane.
Justice Karan Shaner is scheduled to give her decision Oct. 23.
