Penticton and South Okanagan
Jan 22, 2013 / 1:22 pm
The sentencing for another man involved in a Penticton prostitution case was put over to Jan. 31.
After hearing from the crown counsel and defence attorney on Tuesday, Judge Meg Shaw said she will make her decision on the actions of Kenneth Toovey on that date.
Toovey is charged with obtaining the sexual services of a person under 18.
Crown counsel Deb Drissell said the accused was observed by undercover police officers in July of 2011 picking up the underage girl and taking her to a location where he received a blow job for a cost of $60.
He admitted to police afterward that it was a foolish thing to do, but when he saw the girl he thought she was cute and hoped she was 20 or 21.
Once she told him she sold drugs for her stepdad and that he keeps an eye on her because she was underage, Toovey thought “what the Hell was she doing out there at that age.”
Drissell recommended that although he did enter a guilty plea, saving the girl from the ordeal of testifying, the court still needs to send out a message that this was a crime against a child. And the girl engaged in prostitution because her stepfather forced her into that lifestyle.
She suggested a minimum sentence of six months with additional probation in the range of 12 to 18 months.
Conditions of probation included not to engage in any activity that includes contact with persons under 18 and to not have any contact with the girl.
Defence attorney David Johnson told the judge, Toovey, 56, has no criminal record and now lives in Saskatchewan.
He works there and is involved in the lives of younger family members.
Although he didn’t take any steps to ensure the age of the girl at the time of the incident, he has admitted guilt to the police and was helpful during the trial of the stepfather, said Johnson.
Johnson suggested the jail term would be more than enough to deter him from engaging in similar activity.
In regards to the probation, he asked the judge to not impose conditions that would prohibit Toovey from having contact with people under 18, because he has nieces and nephews under that age.
The sentencing for Toovey is expected to take place on the same day as the sentencing for Benny Wolfe, another John involved in the case. He appeared in court Monday.
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