A former South Surrey border guard who unsuccessfully appealed convictions of sexual assault and breach of trust learned this week his bid to spend less time in jail for the offences has also failed.
Crown Susan Brown confirmed that B.C. Court of Appeal Justices Risa Levine, Kenneth Smith and Daphne Smith dismissed Daniel Johnson Greenhalgh’s sentencing appeal following a hearing Monday in Vancouver.
“They really just said that the judge didn’t make any errors and the sentence was fit,” Brown said.
Greenhalgh was convicted in B.C. Supreme Court in the fall of 2010, following a five-week trial in New Westminster that arose from allegations he illegally strip-searched women while on duty at the Douglas (Peace Arch) border in 2007.
During the trial, three women testified that Greenhalgh touched them inappropriately during strip-searches he conducted on his own in areas including a men’s public washroom. A fourth woman said she was made to strip, but was not touched.
Throughout the trial, Greenhalgh maintained his innocence.
In March of 2011, he was handed a two-year provincial jail term for the crimes, along with three years probation, a 10-year firearms prohibition and an order that he provide a DNA sample.
After serving about nine months of his sentence, Greenhalgh was released on bail last December pending his appeals. He has been back in custody since March 28, when his conviction appeal was dismissed.
Brown said Greenhalgh’s lawyer, Derek Birch, had sought a reduced sentence for his client during Monday’s hearing, suggesting the two-year penalty was too high compared to others imposed in similar cases.
“The court rejected that argument,” Brown said.
Birch could not be reached for comment by Peace Arch News press deadline Wednesday afternoon.
