Crown will not be allowed to enter more videos as evidence during a sentencing hearing for a man convicted of sexual assault and voyeurism.
Madame Justice Heather Holmes dismissed an application Friday to tender the additional recordings made by Glen Allen Berry, saying they were not relevant at this stage of the court proceedings.
“There is no basis on which to conclude that … the proposed evidence will assist the determination of Mr. Berry’s sentence,” said Holmes.
Berry was convicted last October of one count of common assault, two counts of sexual assault and three counts of secretly observing and recording nudity in a private place.
During a sentencing hearing in October, Crown prosecutor Janet Dickie moved to enter more videos made by Berry into evidence.
They included footage of his common law partner showering; video that contained photographs of a 14-year-old girl and a woman performing a sexual act; video of a six-year-old girl he filmed while showing her pornography; and video footage of children playing in which Berry focused on their buttocks.
Berry, 49, was arrested in September 2010 after his ex-girlfriend reported the common assault to police.
While investigating the assault, RCMP discovered several video recordings on Berry’s JVC camcorder and his Acer computer.
The camcorder and computer contained four videos that showed Berry sexually assaulting his ex-girlfriend while she slept.
The evidence that lead to the second voyeurism charge included footage of another young woman secretly filmed with a camera placed in the bathroom of his sister’s home during a family birthday party.
Berry has since moved from Maple Ridge and now resides in Abbotsford.
Dickie told the court that Berry’s recent convictions are just a few examples of his “broader sexual deviance” and a dangerous pattern of conduct.
Crown believed the additional video would allow the court to craft an appropriate sentence, one that would rehabilitate Berry and protects the public at the same time.
Dickie noted that Berry has stated an intention (to the Crown, not the court) to seek a conditional sentence to serve in the community, “where risks to the public are of direct relevance and concern.”
In denying Crown’s application, Justice Holmes wrote the footage in the video evidence relates to conduct that is not criminal.
“They seem to show a fascination for close-up views of male and female genitalia, and arguably a sexualized interest in J.T., who was 14 years of age at the time,” she noted.
“Mr. Berry is not to be sentenced for proclivities or even deviant interests. There is no evidence from which to conclude that the additional video recordings will help the court better understand the gravity of the offences to be sentenced, or to more accurately craft Mr. Berry’s sentence.”
Berry’s sentencing resumes in New Westminster Supreme Court next week.
• Read the full ruling here.
