The judge heard submissions this week in the sentencing of convicted home care worker Ashley Marie Johnson.
Johnson was being sentenced after being convicted in May of two counts of assault and one count of administering a noxious substance to aggrieve or annoy, to Sylene Piatt, an intellectually disabled woman who lived at a care home in North Battleford run by Battlefords Residential Services, Inc.
The incidents took place March 26, 2011. The assault convictions involved separate incidents where it was alleged Johnson placed lemon juice in Piatt's eye and peppercorns into her mouth. The noxious substance conviction came after it was alleged Johnson applied hand sanitizer to Piatt's face with "intent to aggrieve or annoy".
A final decision on sentencing, though, will not come until June 28 at 9 a.m., after Judge R.D. Maher reserved his decision in the case.
During arguments on sentencing at Queen's Bench court in Battleford Monday, both the Crown and the defence differed on what sentence should be imposed, with the Crown calling for jail time while the defence opposed a custodial term.
Crown prosecutor Michael Segu called for a 120-day custodial sentence followed by a year's probation. He also called for additional provisions, including imposing a DNA order as well as a provision that Johnson "not apply for any employment providing care for vulnerable individuals."
In his submission Segu pointed to two aggravating factors in the case - one being a breach of trust by Johnson, the other being a victim who was unable to defend herself.
He said this was a case that impacted not only the victim and her family but also all families, and called what happened a "catastrophic breach of trust."
The Crown also submitted victim impact statements from Sylene's parents, Roger and Collene Piatt, which were read in court.
In Roger's statement, he often referred to Johnson as a "monster," and stated she "has shaken my belief in the good in people."
He expressed concern Johnson would find another opportunity in the home care field and also mentioned that whenever he sees Johnson in the community or attending court appearances, "it is like she is hurting Sylene all over again."
Collene stated she would "never understand" why Johnson did what she did, and noted the emotional toll it took on her life and on her performance at work. She stated she had "nightmares about (Sylene) being victimized and not being able to stop it."
In his submission for the defence, lawyer Jay Watson took issue with the Crown's call for a jail sentence for Johnson. He called for a suspended sentence followed by a probation period, with community service hours.
Watson pointed to a favourable pre-sentence report that suggested Johnson was a low risk to reoffend. He also noted Johnson had been a good worker all her life, was a good mother to her children and had no prior criminal record.
"What happened is an aberration. She's not a monster," said Watson.
