Sex offender sentenced

A former Keremeos man, previously convicted of two counts of exposing himself to a person under 16, was sentenced to nine months in jail, Monday, in a Penticton courtroom.

Judge Gregory Koturbash handed down the sentence for Roy O'Donaghey, including three years probation and a Section 161 order, after hearing submissions from Crown Counsel and defence.

The case continued to take strange twists and turns Monday.

In October, O'Donaghey failed to attend his sentencing, but later turned himself in, in Chilliwack.

Monday morning he did attend his sentencing in a Penticton courtroom. When given the opportunity to speak following submissions, he claimed the name appearing in newspaper articles, Roy Charles O'Donaghey, is not his name.

Instead, he showed his birth certificate with the name Roy O'Donaghey on it, no Charles.

As he showed the document, he claimed he was not going to go to jail for somebody else's name.

He then said if he goes to jail, his wife will have to move out, because she has no source of income.

Lastly, he said, he was not prepared for this, (the sentencing), because he thought it was just a hearing.

"No one told me it would be the real thing," he said. "I'd like to have time to get my stuff together."

His lawyer James Pennington, said in regards to the name, there is a Roy Charles O'Donaghey on the Lower Mainland, who frequents places he shouldn't be, and that was why his client was saying he wasn't Roy Charles.

Pennington said his client's memory was bad, so what he's told he may not recall. One of his primary concerns was having access to blood pressure medication, if he ends up going into custody.

Prior to O'Donaghey's admissions, Crown Counsel Catherine Crockett provided the court with information from the pre sentence report and psychiatric assessment.

She said O'Donaghey was not taking responsibility for the offences, saying the boys made the allegations up.

He has showed an unwillingness to do counselling and his past offences are consistent with the current, both involving exposing himself to young boys, she stated.

He has now relocated to the Fraser Canyon, Crockett stated, and she was concerned about the sex offender counselling, saying he really does need this treatment.

In terms of the psychiatric report, he is someone with limited intellectual abilities.

In keeping with the reports, the impact this has had on the families of the two victims and his criminal record, Crockett recommended a sentence of three to five months per count, to be served consecutively.

Speaking in his client's defence, James Pennington said there is an 11 year gap between the first and second conviction and a 19 year gap between the second and the one he has recently been convicted of.

He has re-located from Keremeos, for financial reasons and because he was threatened.

He further has a Facebook page and has received threats there, said Pennington.

In terms of his intellectual capacity, he is someone who needs things explained to him more than once, and the victim impact statement made him wonder if he was dealing with the same kids.

As a very young child, his client also experienced assaults that were brutal.

"It was almost as though reading the script from the movie "Deliverance," that's the way I look at it," said Pennington.

Given his clients's age of 60, his financial situation and additional medical problems, Pennington, suggested a conditional sentence.

O'Donaghey was convicted in December 2013, of two counts of exposing his genitals to a person under 16.

During his trial, last year, Crockett said O'Donaghey exposed himself to one boy, who was helping him move on July 28, 2011, and to a second boy, while he was taking care of him, on Aug. 19, 2011.

The sentencing was set for today, after he didn't show up for the last one.

After hearing O'Donaghey speak regarding the name matter and medical issues, Judge Gregory Koturbash suggested he speak with his lawyer.

Ultimately it was decided, there would not be an adjournment and the sentencing took place in the afternoon.

After handing down the sentence Judge Gregory Koturbash told O'Donaghey, "Sir, i hope you get the treatment that you need."

The mother of one of the victims said outside the courtroom that she was happy because the maximum sentence is 12 months and he got nine.

"Now my son can move on," she said. "And I'm very relieved he is not allowed to return to Keremeos."