Brian Louie sentenced in Penticton

Brian Louie was sentenced to five years in a Penticton courtroom on Tuesday, but with enhanced credit  he will remain behind bars for only 1,038 days or 2.83 years.

Judge Meg Shaw handed down the sentence after reviewing the circumstances of the case.

Louie, a 34-year-old member of the Osoyoos Indian Band, was found guilty of aggravated sexual assault and assault causing bodily harm, stemming from an incident that took place in May of 2012, at the end of his December 2012 trial.

On May 20, 2012, according to Shaw, he assaulted the victim on a couch at a friend's residence, mutilating her genitals during a sexual act.

She moved away, yelling, screaming and crying, when he assaulted her for a second time, kicking her and dragging her by the arm down the stairs. This second attack resulted in facial and leg and arm injuries.

The woman suffered greatly from both assaults. In her victim impact statement she claimed she had difficulty maintaining a normal life due to swelling in her face and injuries to her genital area.

She had nightmares and did not understand why Louie did what he did.

Later, she admitted, she believes the accused needs help and was not a bad person.

Shaw said defence lawyer Micah Rankin, spoke of his client's desire to seek help at rehabilitation facilities in Abbotsford and Kelowna.

Based on information in the pre-sentence report and Gladue, which takes into account circumstances facing aboriginal peoples, Louie was raised by his father from age 6. His father was a social drinker and his mother was addicted to alcohol. He also suffered following the deaths of several friends.

He witnessed arguing, but he was not the victim of sexual abuse.

His criminal record began at age 18 and there are four consistent factors in his life: himself, women, alcohol and drugs.

He has a history of violence against women, as well as family members and associates, the judge said.

Early on, Louie believed himself to be just another native who was thrown in jail and did not demonstrate any remorse, saying the assaults were the fault of the victim.

In terms of mitigating factors, Shaw says Louie did issue a statement of remorse late in the process, has strong family support, family obligations and a background that includes struggles with drugs and alcohol.

Regarding aggravating factors, he assaulted the victim's genital area, resulting in mutilation and then assaulted her again. There was an absence of provocation and the woman was a vulnerable victim.

Shaw also took into consideration, crown counsel John Swanson's suggestion Louie serve a sentence of eight years on count one and two years on count two, as well as Rankin's suggestion of a sentence of two and a half to three and a half years.

Rankin further suggested one and a half days credit for each day served.

Ultimately, Shaw decided on four years for count one and one for count 2, with one and a half days for each day served to apply to 12 months.

He was also placed on the sex offender registry for life and prohibited from possessing firearms for life.

Louie, who appeared by video, reminded the judge he had been in custody for 20 months, and she told him she was giving the credit for just one year in jail.

He lastly stated, he has taken responsibility for his actions and is very apologetic for what happened.

The victim, who has shed many tears during Louie's court appearances, ran from the courtroom following the sentencing and left the scene in a vehicle, without commenting to reporters.

Louie's family members also declined to comment.