A Houston man who turned 30 on Monday, Nov. 3 will spend his birthday in jail after being sentenced in Smithers Provincial Court for sexual interference involving a 14-year-old girl.
Judge Wendy Bernt accepted the joint sentencing proposal by Crown and defence lawyers to send Dunovan Matthias to jail for 18 months. Matthias, who pleaded guilty, was 26 at the time of the incident.
After he is freed, Matthias will spend three years on probation.
Bernt said that Matthias, if not reckless, was wilfully blind about the girl’s age. She said he had no recollection of what occurred, but the victim indicated that he had committed sexual acts on her.
“I accept that Mr. Matthias was in the midst of consuming drugs, alcohol and off his mental health medication at the time of the alleged offence. This is an objectively serious offence,” the judge said.
She ordered Matthias to have no contact with the victim and to undergo counselling. He is banned for 10 years from being employed or acting as a volunteer in a position of trust and authority over anyone under age 16. He will be listed on the national sex offender registry for 10 years and prohibited from owning firearms for the same period.
Bernt said that Matthias has, since the offence, engaged in a number of programs and treatments to help him overcome drugs. He had no criminal record prior to this incident.
“I think you're on the path to sobriety, and I hope you can maintain your sobriety in custody,” Bernt said to Matthias. “When you come out, you can continue work on your life. You're very lucky to have the support of your dad and his partner.”
Court heard that Matthias is a member of a First Nation in Kamloops and has a Grade 12 education. He has been very active in sports, particularly rugby and provincial level track and field. However, he has a history of head trauma, schizophrenia and use of methamphetamines.
“I apologize for everything that's happened, and I don't want it to ever happen again,” Matthias said in court. “I'm not going to do drugs ever again.”
