The B.C. Prosecution Service is defending the sentence it suggested at Curtis Sagmoen’s latest sentencing hearing after police issued a public warning related to the North Okanagan man.
When Sagmoen was given a time-served sentence on an assault charge last June, Crown counsel argued a lengthy and restrictive probation would ensure public safety while aiding in Sagmoen’s rehabilitation.
Four months later, police felt there was a need to issue an unusual public safety warning highlighting Sagmoen’s probation condition that he was not allowed any sort of contact with sex-trade workers.
The warning was issued after police determined that people connected to the sex trade had parked a vehicle near a residence that was down the street from Sagmoen’s family home.
Last June, Sagmoen was sentenced to five months of jail time followed by three years of probation after he was convicted of assault causing bodily harm for hitting a woman with a quad.
The sentence was what both Crown counsel and Sagmoen’s defence lawyer had argued for and meant that, due to credit for time served, he would not spend any more time in custody.
At that point, Sagmoen had been on probation on other convictions for six months without issue, and the Crown said Sagmoen’s probation officer had reported he was compliant with his conditions.
The prosecution also pointed out at the sentencing hearing that at the time of the assault Sagmoen had no prior convictions for violence.
During the three-year probation period for the assault charge, the court required Sagmoen to abide by a long list of conditions, including restrictions on his cell phone use and oversight of aspects of his personal life by a probation officer, as well as the condition that prohibits him from having contact with any sex trade worker.
Sagmoen had invited the woman to a rural property to work as an escort before the assault.
The police warning, issued months into Sagmoen’s latest probation term, stated that people in the sex trade should not respond to any request for their services in the Salmon River Road area.
The warning noted this is where Sagmoen is currently living.
Police also released a photo of Sagmoen “in the interest of safety.”
“The RCMP has released this publicly-known release condition to inform persons who are protected by the court-ordered condition, so that they can take steps to protect themselves,” RCMP Const. Chris Terleski, wrote in a statement released to the media in October.
Police have not accused Sagmoen of breaching his probation condition nor is he facing any further charges.
In the wake of the police warning, the prosecution service has defended its sentencing position.
A spokesperson for the prosecution service said Crown’s sentencing position, which contributed to the time-served sentence, was consistent with case law and sentencing principles in the Criminal Code which require imprisonment to be a last resort.
“The nature of the offence that was committed by the defendant was an important factor for consideration, as well as the history of the defendant and information about past offences and current risk,” B.C. Prosecution Service spokesperson Dan McLaughlin said in a statement.
“When determining a sentencing position, Crown counsel must also be guided by the sentences imposed by other courts (especially appellate courts) dealing with cases involving similar circumstances.”
McLaughlin pointed out that the Criminal Code sentencing principals require sentences to be “proportionate to the gravity of the offence” and that “all available sanctions other than imprisonment that are reasonable in the circumstances should be considered.”
In 2017, the remains of 18-year-old Traci Genereaux were found during a large-scale police search of the Sagmoen family farm.
The discovery was made months after Genereaux went missing from Vernon.
No one has been charged in relation to her death and police have not named Sagmoen a suspect.
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