Kimmirut sex offender’s sentence appeal dismissed
Karpik Kolola was sentenced to 30 months in jail in 2020
The Nunavut Court of Appeal dismissed a sentence appeal from a Kimmirut man convicted of sexual assault in 2020, calling the errors in the judge’s sentence “minor,” according to the decision released by the court on Monday.
Justice Paul Bychok sentenced Karpik Kolola to 30 months in jail in November 2020 after Kolola pleaded guilty to sexually assaulting a woman in March 2019 while she was sleeping.
Kolola said Bychok erred in his decision by downplaying the effect COVID-19 would have on his time in jail and giving out a harsher sentence to emphasis the court’s commitment to punishing sex offenders, according to a court publication on the decision.
Kolola also said, according to the decision, that Bychok made mistakes by disregarding Kolola’s upbringing, previous criminal past and substance abuse history and applying a law that prioritized “denunciation” when sentencing an offender whose offence was against a vulnerable person, such as an Indigenous woman.
Appeal court justices Shannon Smallwood, Jolaine Antonio and Kevin Feehan upheld Karpik Kolola’s 30-month jail sentence, saying that Bychok made an error only in Kolola’s fourth point, with his emphasis on denunciation, but that it was minor and didn’t affect the sentence in any major way.
“The sentencing judge imposed a fit and reasonable sentence in the circumstances for this offence of sexual assault,” they wrote in the decision, which was released to the media on Monday.