“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.” – Judge Meg Shaw
Brian Douglas Louie of Oliver will serve more time in prison – about 2.83 years more.
The actual sentence 5 years minus credits for time served.
Sentencing took almost an hour with a complete review of the case facts and reports on the man convicted. On count one – aggravated sexual assault – 4 years and assault causing bodily harm – 1 year to be served consecutively. Judge Shaw then talked to credit for time served giving Louie 1.5 days credit for each day in the first 12 months of pre-sentence incarceration – the rest 1 to 1 credit.
He will serve another 1038 days most likely in a federal institution.
The judge imposed a life time ban on possession of a weapon and a life time on the sexual offenders registry.
Louie, now 35, was arrested in May of 2012 and found guilty 7 months later. Those charges stemmed from an incident in a home on the reserve of the Osoyoos Indian Band at Oliver.
Louie was convicted of physically harming a sexual partner whose name cannot be released due to a ban on publication of any testimony or information that would direct attention to her.
A victim impact statement was read into the proceedings and stated the victim has emotional as well as physical scars from the incident and nightmares that wake her up in the middle of the night.
The crown was seeking an 8 year sentence on the sexual attack charge and 2 years consecutive on the assault causing bodily harm count.
Crown was represented by senior prosecutor John Swanson and the defence lawyer was Micah Rankin. Rankin had argued that the sentence should not be consecutive and might be no more like 3.5 years with all served time being considered.
Prosecutor Swanson said he hopes Louie gets the help he needs.
Judge Shaw looked at aggravating and mitigating factors but was asked to speak to deterrence and denunciation for what the crown calls a ‘cowardly vicious attack’ on a person who had no idea this beating was coming after having a sexual relationship at a house party. The judge indicated that she took into consideration Louie’s recent statement that he was totally responsible for his actions, the support of his sister and mother, the needs of his two children, addictions and upbringing by parents who did not have a good relationship. The aggravating issues included the nature of the violent acts, the absence of a reason, a vulnerable victim, acts against a person in a trusted relationship and his record of not getting along with other females.
Louie had bitten the victim – spitting out a piece of flesh and then beat and kicked the women before dragging her down the home’s front stairs by an arm.
Louie has been in segregation at the Kamloops Regional Correction Centre for almost 20 months and his lawyer stated that his client knows he did wrong and has spent much of that time taking certificate programmes.
