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10-year sentence for rapist
Bill Cleverley, with a file from Rob Shaw, Times Colonist Published: Friday, July 21, 2006
A 26-year-old man who brutally raped two Victoria teens was sentenced Thursday to 10 years in prison, prompting the Crown to consider an appeal.
"We're going to have to review the decision," Crown counsel Ruth Picha said outside of the courthouse, adding that a decision on whether to appeal has not been made.
Jacob Tree pleaded guilty to sexual assault for the rape of a 17-year-old he met on the streets of Victoria Feb. 1, 2004. Tree lured the victim to an isolated, crudely constructed lean-to across from the Johnson Street Bridge in Vic West and raped her. It was her first sexual experience.
Tree also pleaded guilty to sexual assault causing bodily harm for binding, beating and raping a 19-year-old two weeks later. He robbed the till at Booster Juice health food snack bar in the Cook Street Village just after it opened and forced the employee into a back room. He punched her in the face when she screamed, tied her up and sexually assaulted her.
At Tree's sentence hearing, Picha noted the maximum sentence for sexual assault causing bodily harm is 14 years. For sexual assault, the maximum is 10 years. Picha called for the two sentences to run consecutively so they would add up to a total of 15 years.
With the sentence handed down, Tree could be out in roughly six years.
Defence lawyer Bea Curry had suggested a prison term of four to six years. Curry said outside the courthouse she thought the sentence was "fair."
"It strikes a balance between not being an excessive sentence, which I think the Crown was asking for, and not being too short. I think it addresses the issues," she said.
She noted Tree's life has been a nightmare. He was raised by a neglectful and abusive mother who drank. His father left when he was two. He suffered sexual abuse at a young age, worked as a male prostitute and became addicted to heroin, which he has since kicked.
In sentencing Tree, Justice Paul Williamson said he considered the sexual assaults to be of the "very worst type" that will "neither be accepted or tolerated by the citizens or the courts of this country."
He noted that psychiatrists testified Tree is neither a sexual sadist nor a psychopath, is genuinely remorseful and accepts responsibility for his actions.
Williamson sentenced Tree to serve four years for the sexual assault and six years for the sexual assault causing bodily harm. The sentences are to be served consecutively, on top of the sentence just exceeding a year Tree is serving for an assault in Alberta.
As a sex offender, Tree must report to authorities for 20 years and is banned for life from possessing weapons.
Outside the court, an internal investigation by Victoria police has determined Tree went to the front counter of police headquarters between the two attacks, acting Insp. Les Sylven said.
Tree has said he tried to turn himself in to police. That sparked the investigation, which included a look at police video camera footage and computer records. "We believe he came in, and his name was run and there were no warrants for him," Sylven said.
It is not known whether Tree tried to turn himself in, or merely asked if there was a warrant for his arrest, said Sylven. The cameras in the lobby do not record audio. Tree came in to the station either Feb. 14 or 15 and left when told there was no warrant.
Within two days, he would commit the Booster Juice assault. Sylven said the investigation continues.
© Times Colonist (Victoria) 200
10-year sentence for rapist
Bill Cleverley, with a file from Rob Shaw, Times Colonist Published: Friday, July 21, 2006
A 26-year-old man who brutally raped two Victoria teens was sentenced Thursday to 10 years in prison, prompting the Crown to consider an appeal.
"We're going to have to review the decision," Crown counsel Ruth Picha said outside of the courthouse, adding that a decision on whether to appeal has not been made.
Jacob Tree pleaded guilty to sexual assault for the rape of a 17-year-old he met on the streets of Victoria Feb. 1, 2004. Tree lured the victim to an isolated, crudely constructed lean-to across from the Johnson Street Bridge in Vic West and raped her. It was her first sexual experience.
Tree also pleaded guilty to sexual assault causing bodily harm for binding, beating and raping a 19-year-old two weeks later. He robbed the till at Booster Juice health food snack bar in the Cook Street Village just after it opened and forced the employee into a back room. He punched her in the face when she screamed, tied her up and sexually assaulted her.
At Tree's sentence hearing, Picha noted the maximum sentence for sexual assault causing bodily harm is 14 years. For sexual assault, the maximum is 10 years. Picha called for the two sentences to run consecutively so they would add up to a total of 15 years.
With the sentence handed down, Tree could be out in roughly six years.
Defence lawyer Bea Curry had suggested a prison term of four to six years. Curry said outside the courthouse she thought the sentence was "fair."
"It strikes a balance between not being an excessive sentence, which I think the Crown was asking for, and not being too short. I think it addresses the issues," she said.
She noted Tree's life has been a nightmare. He was raised by a neglectful and abusive mother who drank. His father left when he was two. He suffered sexual abuse at a young age, worked as a male prostitute and became addicted to heroin, which he has since kicked.
In sentencing Tree, Justice Paul Williamson said he considered the sexual assaults to be of the "very worst type" that will "neither be accepted or tolerated by the citizens or the courts of this country."
He noted that psychiatrists testified Tree is neither a sexual sadist nor a psychopath, is genuinely remorseful and accepts responsibility for his actions.
Williamson sentenced Tree to serve four years for the sexual assault and six years for the sexual assault causing bodily harm. The sentences are to be served consecutively, on top of the sentence just exceeding a year Tree is serving for an assault in Alberta.
As a sex offender, Tree must report to authorities for 20 years and is banned for life from possessing weapons.
Outside the court, an internal investigation by Victoria police has determined Tree went to the front counter of police headquarters between the two attacks, acting Insp. Les Sylven said.
Tree has said he tried to turn himself in to police. That sparked the investigation, which included a look at police video camera footage and computer records. "We believe he came in, and his name was run and there were no warrants for him," Sylven said.
It is not known whether Tree tried to turn himself in, or merely asked if there was a warrant for his arrest, said Sylven. The cameras in the lobby do not record audio. Tree came in to the station either Feb. 14 or 15 and left when told there was no warrant.
Within two days, he would commit the Booster Juice assault. Sylven said the investigation continues.
© Times Colonist (Victoria) 200
Defence lawyer Bea Curry had suggested a prison term of four to six years. Curry said outside the courthouse she thought the sentence was "fair."
"It strikes a balance between not being an excessive sentence, which I think the Crown was asking for, and not being too short. I think it addresses the issues," she said.
"It strikes a balance between not being an excessive sentence, which I think the Crown was asking for, and not being too short. I think it addresses the issues," she said.
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