A Yorkton judge has reserved his decision in an abduction case involving a sexual assault and drug trafficking.
In October 2015, Clinton Tillman was charged with two counts of abducting a person under the age of 16, one count of sexual assault, one count of trafficking marijuana, two counts of administering a noxious substance, and one count of allowing illegal sexual activity in a residence he controlled.
Following plea negotiations between the Crown and defence, the 21-year-old pleaded guilty to one count of abduction and the marijuana trafficking charge. The Crown stayed the others.
At his sentencing hearing January 10, the Court heard that Tillman had picked up two girls, 15- and 13-years-old from Kamsack and drove them back to his Yorkton residence where they partied using alcohol, marijuana and Gabapentin, a prescription epilepsy drug sometimes used recreationally for its marijuana-like effects.
Tillman later picked up a 17-year-old male friend from Manitoba who joined the party.
The Crown, represented by Andrew Wyatt, said the friend engaged in sexual activity with the 13-year-old while in Tillman鈥檚 home. The youth was charged with sexual assault, pleaded guilty and received a nine-month custodial sentence.
Wyatt argued Tillman also had responsibility for the crime having picked the girls up, provided them with alcohol and drugs, and provided the venue in which the sex assault took place. He said it should be considered an aggravating factor in the abduction sentencing.
The prosecutor told the court a message must be sent that society will not tolerate adult males engaging in adult activities with children and asked for a jail term of one year followed by two years probation. He characterized that as being 鈥渜uite lenient.鈥�
Defence attorney David Kreklewich countered with an argument that a conditional sentence of less than one year was appropriate.
He noted that his client had already spent 14 months on release conditions very similar to a conditional sentence order (CSO).
He also argued that due to personal circumstances Tillman, while chronologically 20-years-old at the time, was socially significantly younger.
Kreklewich cited his client鈥檚 relatively minor youth criminal record, his cooperation with police and remorse as mitigating circumstances.
The lawyer referenced the Supreme Court to argue that the principles of deterrence and denunciation could be satisfied by a conditional sentence, noting rehabilitation was of equal importance in sentencing principles. He said his client was no danger to society and hence a CSO was in Tillman鈥檚 best interest and not contrary to society鈥檚 interests.
On his own behalf, Tillman told the Court he had not been thinking about what he was doing at the time and really regretted his actions.
Judge Patrick Reis said he wanted to think very carefully about the Crown and defence submissions and scheduled January 24 for his decision.
