Appeal rejected for dangerous offender who sexually assaulted Calgary boy

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An Alberta court has rejected the appeal of a man designated as a dangerous offender after being convicted of sexually assaulting a five-year-old boy in an Elbow Park alley in 2017.

  • Warning: details in this story may be disturbing to some readers.

Kenneth Dale Hornby filed the appeal in 2020, asking that his sentence be reduced to five years, followed by two years of probation with close monitoring.

A decision released Thursday says the request was rejected. A dangerous offender designation means an indeterminate prison sentence.

The experts all agreed that the appellant is at a high risk to reoffend and has very little insight into his offending behaviour. The experts noted that the appellant lies extensively including claims that he is not sexually interested in children," reads the decision in part.

"He lied regarding a brain cancer diagnosis to friends, assessors, psychologists, lawyers and judges in order to alter his conditions, avoid appointments and generate sympathy. The appellant was dismissive of his recent offence and maintained he was no longer a threat to children.

"He justified his behaviour and blamed it on the sexual abuse he suffered as a child, and presented with a theme of victimization by focusing on his own sexual abuse."

Hornby was handed the sentence Jan. 17, 2020 by Justice Suzanne Bensler following a two-week dangerous offender hearing after he pleaded guilty to sexual interference in connection with a May 20, 2017 incident.

Court was told the boy reported to his family that he had been sexually assaulted by a man who had been looking through garbage bins.

In his appeal, Hornby said his two lawyers did not adequately defend him and he does not believe he is a danger to the public.

Hornby, 60, had earlier served time in prison after pleading guilty to a charge of possessing child pornography and breach of probation convictions after failing to comply with a court order. He was being monitored by the Calgary Police Service's high risk offender program and was under conditions not to be around children.

The decision can be read below: