Donnie Snook appeal of 18-year sentence on sex charges adjourned

Former Saint John city councillor Donnie Snook's appeal of his 18-year sentence on child sex abuse charges has been adjourned again.

The matter was scheduled to be heard by the New Brunswick Court of Appeal in Fredericton on Tuesday, but Snook's lawyer James Matheson requested the matter be set over, citing ongoing health problems.

A new expedited hearing will be scheduled by the chief justice, possibly in November, the court heard.

The court will also likely deal with the Crown's request for leave to cross-appeal on Snook's credit for time served and parole eligibility at that time, as well as the cross-appeal itself, if granted.

Snook, who is in prison in Mission, B.C., did not attend Tuesday's hearing.

His lawyer said he didn't make the request for the delay lightly and apologized to the court.

​Matheson said he has been struggling with pancreas-related matters for months, but "tried to plow through" as best he could and expected to be "ready to go" in time for Tuesday's hearing.

Although he is "feeling much better" and managed to argue the Fred Prosser murder appeal last week, he only managed to file his written submissions on Snook's case to the court shortly before the hearing began around 2 p.m.

​Matheson said he was prepared to proceed with arguing the matter, but requested the adjournment "in fairness" to Crown prosecutor Cameron Gunn, who would not have had time to review his submission.

Gunn said given the "severity" of the matters, he agreed it would be best to set the matter over.

The judges said the request was "more than fair" and granted the adjournment.

Snook's appeal had originally been slated for June 23, but was postponed because Matheson was also ill at that time.

​Snook, 42, filed a notice of appeal with the Court of Appeal in November, calling his sentence "unreasonable and in excess of the appropriate range in all the circumstances."

The former youth pastor, who ran a hot lunch program for underprivileged children, was sentenced in October after pleading guilty to 46 sex crimes against children, including sexual assault, making child pornography and extortion.

The crimes spanned 12 years and involved 17 male victims, some as young as five years old.

Crown contends sentencing judge 'erred in law'

The Crown has also filed leave to cross-appeal Snook's appeal, arguing the sentencing judge "erred in law."

Provincial court Judge Alfred Brien gave Snook 1½ times credit for the approximately nine months he had already spent in custody, knocking about 13½ months off of his sentence.

Brien also ruled Snook would be eligible for parole after serving the standard one-third of his sentence — less than six years.

Crown prosecutor Karen Lee Lamrock, who handled the trial, has argued the amount of credit for time served in pre-trial custody is capped at a ratio of 1-1 as a general rule and the maximum 1½ times credit should only be used when justified and the judge must explain those circumstances.

She also contends the judge should have made an order delaying Snook's parole eligibility.

Lamrock had recommended the judge consider a sentence of 21 years in prison, with no eligibility for parole until Snook had served at least half his sentence, or 10 years, whichever was less.

The three-judge Court of Appeal panel includes justices Richard Bell, Kathleen Quigg and Bradley Green.

Snook is serving an additional three months for three other child exploitation charges stemming from his native Newfoundland and Labrador.

He was sentenced in December after pleading guilty to sexually assaulting a boy under the age of 14 while he was a pastor with the now-defunct Salvation Army church in Mount Moriah in the mid-1990s.