01/31/2013 02:32 EST | Updated 04/02/2013 05:12 EDT

Calgary Psychiatrist To Appeal Sex Assault Convictions


A Calgary judge has sentenced psychiatrist Dr. Aubrey Levin to five years in jail for sexually assaulting three of his patients.

"They came to you for help with their problems, instead you added to their problems," Justice Donna Shelley said Thursday. "They were entitled to feel safe and supported with you."

Levin, 74, has worked in the past as a court-appointed psychiatrist. All three victims were referred to Dr. Levin by the court.

Minutes after Levin was sentenced, his lawyers filed a notice of appeal, which indicates Levin wishes to be tried again by a judge and jury.

The grounds of appeal cited in the notice filed include that the trial judge erred by:

- "Failing to order disclosure of relevant information in the control of the Crown, which impeded the appellant's ability to make full answer and defence."

- Pressuring jury members to arrive at a verdict after they had concluded that they could not reach a unanimous verdict and didn't believe further deliberations would change that.

- Not allowing full and proper cross-examination.

A bail hearing has been set for Feb. 13.

Following Thursday's sentencing, one of the victims spoke to reporters.

"It's for the victims who've been silenced. It's much bigger than me," the victim said outside the courtroom.

He was originally charged with nine counts of sexual assault, but on Monday a jury returned guilty verdicts on three counts, not guilty on two and a mistrial was declared on the remaining four counts.

A packed courtroom heard emotional testimony from the victims during the sentencing hearing on Wednesday.

Crown prosecutor Dallas Sopko had requested a prison term of six to eight years, citing Levin's position of trust, the vulnerability of victims, and the length and repetitive nature of the assaults as aggravating factors.

Defence lawyer Chris Archer told the judge his client is guilty of "minor sexual assaults," and asked for an intermittent sentence of 90 days — a jail term only served on weekends.

Wife facing charges

Two weeks before the end of testimony, Levin's wife was placed under house arrest.

Erica Levin is facing charges for allegedly trying to bribe a juror.

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