Crown seeks
jail terms
for brothers

From page

assault charge in 1990.

Perry was found guilty of
sexually assaulting the victim
in 1990 when the victim was
14 years old. Perry hid non-
consensual sexual intercourse
with the victim in her bed-
room at 5 a.m. That day she
was forced to perform
repeated acts of fellatio.

Both Frank and Perry
Evanshen have appealed their
convictions.

During Monday’s sen-
tencing proceedings before
B.C. Supreme Court Madam
Justice Janet Sinclair Prowse,
defence Jawyers for Frank and
Perry Evanshen argued that
conditional sentences should
be imposed instead of jail.

Conditiona! sentences are
served in the community
with restrictions such as cur-
fews.

Frank Evanshen’s lawyer,
Len Doust, said the judge
should not take the view that
“this (a conditional sentence)
is not going to look very
good to the public.”

Doust said his client had a
“stigma” and was “branded
for lite” as a result of the con-
viction.

He emphasized that Frank
did not have a criminal
record.

Pious: did not tell rhe
judge that his client has been
charged with drunk driving.
He was scheduled for trial on
April 27 in North Vancouver
provincial court but the trial
was recently adjourned to
November.

As far as the victim impact
statement was concerned,
Doust said it was “character-
istic of most female victims cf
this type” in these sorts of
cases.

He pointed out that the
victim had gotten her life
together. She is a college
graduate and works as a store
manager.

No reference letters from
family or friends were given
to the judge on behalf of
Frank Evanshen.

Perry Evanshen’s lawyer,
David Crossin, gave the
judge a number of reference
letters for his client from
friends and co-workers from
his home town.

Crossin said his client’s
conviction related to a single
incident on a Sunday morn-
ing which he called “isolated
and impulsive and out of
character.”

“He is essentially a farm
boy,” said Crossin.

He added that Perry, mar-
ried «-d the father of two
te. nagers, lived a frugal life
as an employee of
Claresholm Beet Producers.

Perry was dressed in 4
dark blue T-shirt and jeans
for the court proceedings in
contrast to Frank who was in
a tailored business suit.

Perry wore tailored busi-
ness suits during the tial in
February.

Crossin said that, interna-
tionally, Canada was rated
second or third as tar as the
incarceration rate of criminals
behind the United States and
possibly Hungary.He said
conditional sentences were
introduced to the justice sys-
tem to decrease the number

of oftenders in jail for less
serious crimes.

Crown lawyer Mark
Rowan was opposed ro con-
ditional sentences for the
brothers.

He asked the judge to
impose a four-year and two-
month jail sentence for
Frank’s offences and a three-
year jail sentence in Perry’s
case.

‘Both accused, in my sub-
mission, are the authors of
their own misfortune,” said
Rowan. “Thev chose to go
against the rules of society.”

Rowan said Frank manip-
ulated and taught the girl
things no one that age
should know. The Crown
lawyer said the victim lost her
virginity during the sexual
assault by Perry. He said the
victim worried about being
pregnant during the spring of
her Grade 9 school year when
her biggest worry should
have been passing French.

Sentencing in the case was
adjourned. A date was nor
available to press time.

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Wednesday, May 6. 1998 — North Shore News — 5

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"NEWS photo Terry Peters

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