House arrest for man convicted of decades-old sex crimes

The judge cited the man's poor health and otherwise clean criminal record for keeping him out of jail. Green was found guilty of attempted rape and indecent assault of a young girl in Charlottetown in the 1970s.

Leonard Green, 67, will serve his sentence in Alberta

Leonard Green leaves Charlottetown Provincial Court, Monday, March 19, 2018. (Brian Higgins/CBC)

A 67-year old man who was convicted of attempted rape and indecent assault of a young girl in Charlottetown more than 40 years ago, was sentenced Wednesday to a one-year conditional sentence.

Leonard Green will serve that sentence at his home in Calgary where he now lives.

"Abuse of children is near the top of the ladder in the public's abhorrence of crime," said provincial court judge John Douglas, as he handed down the sentence. "The passage of time can impact some principles of sentencing."

The judge cited Green's age, poor health, and his otherwise clean criminal record as reasons for the sentence.

Green is being treated for diabetes and heart disease, according to information presented at a sentencing hearing Monday by defence lawyer Thane MacEachern.

Court heard that Green's victim was a pre-teen girl, living in Charlottetown in the early 1970s. Green was in his early 20s and living with his parents at the time. At trial last June, the victim testified the crimes took place between November 1971 and March 1972.  She recounted four separate incidents, including two occasions where Green tried to rape her.

Prosecutor wanted 15 months jail

Green had pleaded not guilty and testified in his own defence.  The judge believed the woman's testimony over his.

Crown prosecutor Lisa Goulden had asked the judge to impose a jail term of 15 months.

"Not withstanding the important of deterrence and denunciation, a judge can not ignore particular circumstances of the accused," said judge in his oral decision.

Long-term impact on victim

He also noted the long-term impact on the victim. A video recording of the woman's victim impact statement was played in court Monday. A written statement by the woman was also read in court Monday by a victim services worker.

"He stole my innocence and destroyed my self worth…. What kind of person allows themselves to abuse a child," she said in the statement.

The woman now lives overseas and did not attend this week's court proceedings.

"Child victims of sexual offences can suffer long-lasting damage," said judge Douglas. "From the victim impact statements, both played and read, that would be the case here."

As conditions of his house arrest, Green must remain in his Calgary home at all times, unless authorized to leave. He will also be placed on probation for one year after his conditional sentence ends. During that time he is forbidden to have contact with anyone under 16 without authorized supervision.

The judge also ordered Green to provide a DNA sample to police, and ordered Green's name placed on the national sex offender registry. The judge noted DNA technology and the sex offender registry did not exist when Green committed his crimes. "I don't see how the passage of time allows me to dispose [with them]."

The judge noted a presentence report found that Green is at low risk to re-offend.