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A former Saint John jail guard who pleaded guilty to two counts of sexually assaulting a male inmate will be sentenced next month.
Patrick Joseph Allen, 47, was scheduled to be sentenced in provincial court on Monday, but Judge Anne Jeffries said she wanted time to review the case law.
Allen's sentencing has been pushed back to June 15.
Allen sat quietly as his defence lawyer, Allen Doyle, asked the court to consider a conditional sentence that could be served in the community.
Doyle said his client is a "sex addict" and needs counselling.
In fact, the defence lawyer said, if left untreated, Allen's condition "could escalate."
Doyle said Allen has taken steps to deal with his issues and deserves a chance to "get himself straightened out."
Allen was scheduled to go to trial in February, but changed his plea to guilty.
The court heard the incidents occurred at the Saint John Regional Correctional Centre between 2003 and 2005, and at the police lockup at city hall between 2009 and 2010.
The sexual acts involved the same male inmate, who can't be named.
Allen maintains the sexual activity that occurred with cell bars between them was consensual.
He admits he gave the man cigarettes after at least one incident, but insists he never used threats.
Chris Titus, the Crown prosecutor, argued in the Saint John courtroom that consent doesn't apply because Allen was in a position of authority over the inmate.
He said the court cannot consider a conditional sentence in cases of sexual assault and that appeal courts have ruled such sentences are "illegal."
Titus recommended a jail sentence of about 18 months.
Patrick Joseph Allen, 47, was scheduled to be sentenced in provincial court on Monday, but Judge Anne Jeffries said she wanted time to review the case law.
Allen's sentencing has been pushed back to June 15.
Allen sat quietly as his defence lawyer, Allen Doyle, asked the court to consider a conditional sentence that could be served in the community.
Doyle said his client is a "sex addict" and needs counselling.
In fact, the defence lawyer said, if left untreated, Allen's condition "could escalate."
Doyle said Allen has taken steps to deal with his issues and deserves a chance to "get himself straightened out."
Allen was scheduled to go to trial in February, but changed his plea to guilty.
The court heard the incidents occurred at the Saint John Regional Correctional Centre between 2003 and 2005, and at the police lockup at city hall between 2009 and 2010.
The sexual acts involved the same male inmate, who can't be named.
Allen maintains the sexual activity that occurred with cell bars between them was consensual.
He admits he gave the man cigarettes after at least one incident, but insists he never used threats.
Chris Titus, the Crown prosecutor, argued in the Saint John courtroom that consent doesn't apply because Allen was in a position of authority over the inmate.
He said the court cannot consider a conditional sentence in cases of sexual assault and that appeal courts have ruled such sentences are "illegal."
Titus recommended a jail sentence of about 18 months.
