bt ers aa ITPA 8

' Jan. 9,

Herbert George Kenny, convicted
on eight counts of sexual offenses
against children, was sentenced to
five years in prison at a B.C.
Supreme Court session in Terrace

Kenny's crimes involved six
victims who were between the

ages of six and 12 at the time of

the offenses, which stretched over
a period of 14 years from 1966 to

1980. Kenny was a school teacher
in Terrace and Thunder Bay, Ont.,
and all the victims were. his stu-
dents. The convictions on six
counts of indecent assault and two
counts of having sex with a female
under the age of 14 came after a
three-year investigation by police
and crown counsel.

In presenting her argument for
sentencing, Terrace crown counsel

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Laurie Langford’ noted that in
committing the offenses Kenny
used no violence or threats, but
rather what she called more com-
pelling inducements: affection,
lures and rewards. She said he had
proven to be a man of high inteili-
gence who used his intellect. to
prey on children. Kenny, she said,
was aware of his attraction to
young girls since the late 1960's or
earlier but had sought no
counselling and continued to deny
his problem in order to continue
offending. He took counselling,
she said, only after charges had
been laid against him.

"His remorse comes very late,
and not until he was found guilty,"
she told the juige.

Langford said the effect on the
victims was apparent from their
testimony during the tral: long-

‘lasting and far-reaching, and for

some, permanent.
For Kenny’s disorder, Langford
said, the prognosis for rehabilita-

tion through psychiatric treatment
has been shown to be better than
that for some other forms of
sexual deviation. She added that he
is now voluntarily enroled in a sex
offenders counselling group.
After citing court decisions of a
related nature in B.C. Langford
asked for a sentence of seven to 10
years. “Rehabilitation is not the
primary consideration. The sen-
tence should reflect the enonnity
of the crimes, specify a general
deterrence, It should be a message

Terrace Review — Wednesday, January 16, 1991 A3

from the community to victims
that this is serious, that the com-

‘munity responds to victims and

supports the victims, that it offers
protection to the victims," she said.

Defense lawyer Douglas Halfyard
submitted that Kenny’s offenses
were not "the worst of their kind"
and reiterated that there was no
force, threat or physical injury
involved. He argued that the court
should not accept the evidence of
the victims in its entirety, saying
that not all of the victims’ prob-
lems had been caused by Kenny’s
behaviour.

Psychiatric reports, he said, show
that Kenny is no longer a danger
to society. "He is eager to be
treated, and there is a strong likeli-
hood of rehabilitation... He is
motivated to receive treatment,
beginning to understand the effects
of his actions on children, and
angry at himself for not having
understood sooner."

Kenny has paid a steep price
since the trial began, Halfyard
indicated. His wife left him, he
lost his business, and although he
still has contact with two daughters
his son is totally alienated from
him.

Halfyard said he accepted that
there would have to be a jail sen-
tence, "Mainly to express society’s
condemnation and revulsion."
Kenny’s prognosis for rehabilita-
tion is good, he said.

He asked for a sentence between
two -years Iess a day and five

enny sentenced to five years |

years.
After a one hour adjournment,

‘Madame Justice Cathy Ryan asked

Kenny if he had anything to say in
his defense. Kenny replied that he
accepted full responsibility for the
crimes and said he was sorry for
the pain and anguish he had
caused. "Through treatment I am
exploring things that happened
many years ago," he said. "I know
the victims will be successful
because they had the courage to
come forward and confront these
things. I know what they’re going
through because I am going
through it myself now."

Kenny seid he still couldn’t
‘remember committing the crimes
of which he was convicted.

Justice Ryan prefaced her sen-
tencing decision by noting that
Kenny is no longer considered a
danger to society and there is a
good possibility of rehabilitation.
She went on fo say, hewever, that
he had committed the crimes from
a position of trust on victims who
were too young to know that what
they were doing was wrong, seck-
ing out and abusing victims in a
premeditated manner. .

“If the sentence were a measure
of the victims’ worth, it would be
life," she said.

Kenny’s five-year sentence will
be served at a federal institution,
and Justice Ryan recommended an
institution where treatment for his
disorder is available. He will be
eligible for parole in two years.

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January 14th through 20th, 1991

— Dg,

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Terrace
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