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Disgraced pediatrician Daniel Marshall was free to walk out of court after his sentencing hearing today. In December, Marshall was found guilty of the sexual interference and sexual assault of a 15 year old patient in 1991. Even though it’s Marshall’s second conviction for sexual assault, he won’t be spending any time behind bars.
Supreme Court Justice James Ramsay issued him a $5000 fine, instead of any jail time. Before the decision, crown attorney Jeffrey Levy questioned forensic psychiatry expert Dr. Graham Glancy about the risk Marshall would pose to the community if he were released. Glancy testified that Daniel Marshall was a low risk to re-offend. Stating “it is rare for sexual offenders to commit a sexual offense after the age of 60” and “there is no conclusion medically why he committed the crimes.”
The crown argued that Marshall has shown no remorse for his crimes and they’re concerned he will re-offend. They asked for a sentence of 9-12 months to show doctors that if they abuse patients, there will be significant consequences. In making his decision, Justice James Ramsay considered the effects on Marshall’s medical career, his livelihood and the shame he’ll face in the community.
Ramsay admitted it’s rare to impose a fine for a crime like this, but he felt this is that rare case. He said:
“There is not much wrong with him psychologically, he just needs to behave himself, which he has for the last 23 years.”
Daniel Marshall was told he must submit DNA and blood samples as a condition of his sentence. Marshall had previously served part of an 8 month sentence for sexually assaulting a different teenage boy. The Ontario College of Physicians and Surgeons has not set a date yet for their penalty phase. It’s expected Marshall’s currently suspended medical licence will be revoked for good.
