December 10, 2013 - 6:10 PM
WARNING: GRAPHIC CONTENT
PENTICTON - Even the defence lawyer agreed there's little chance of softening a sentence for a man who bit clean through a woman's labia and spit part of it across the room.
Brian Douglas Louie, 35, sat quietly in Penticton Provincial Court today and listened to his lawyer, Micah Rankin, go over Louie's aboriginal heritage and violent family upbringing when he explained his client to Judge Meg Shaw.
This after Crown prosecutor John Swanson ripped into Louie for his violent actions, his attitude and his past behaviour. He wants Louie to serve eight years for aggravated sexual assault and two years for assault causing bodily harm for that May 2011 night at an Oliver residence.
On that day Louie was performing oral sex on the victim with her consent. Swanson said Louie then "mutilated" her by biting through her left labia minora nearly severing an artery.
Swanson said Louie then sat at a table for a moment before returning to the victim to punch and kick her. Next he dragged her by her arm down a flight of stairs which damaged her arms, legs and back. The blows to the head also left her with several facial scars. She is going to need re-constructive surgery.
The psychological damage was devastating, Swanson explained, as the victim was left with severe anxiety and frequent nightmares.
Louie, however, remains remorseless, which is partly why Swanson wants him in prison for 10 years. In a pre-sentence report Louie denied he bit the woman, said she accidentally cut her labia on a sharp tooth. When he crossed the room to beat her, he said it was in self-defence. He also said women get away with murder and the judge was out to get him because she was also a woman.
Louie's actions "must be condemned," the Crown said.
Swanson added if Louie is incarcerated in a federal penitentiary he can benefit from aboriginal and other social programs offered there.
Rankin said his client's actions were grievous but a 10-year sentence is too harsh. The judge should also consider that the nature of his crime makes Louie a target in prison and is likely destined for protective custody.
Louie will be back in Penticton Provincial Court for sentencing at a future date.
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