Sentence hearing held for Orillia couple found guilty of elder abuse

CTV Barrie: Elder abuse Pre-sentencing submissions were heard on Friday for the Orillia couple found guilty of elder abuse. Rob Cooper reports.

An Orillia couple found guilty of not providing proper care for an elderly woman will soon learn their fate.

A sentencing hearing in the case was held in a Barrie courtroom on Friday.

Both the Crown and the defence made their pre-sentence submissions and because of the seriousness of the case the Crown is seeking a significant prison sentence.

The maximum is five years in jail; the Crown wants 18 months to two year plus probation for two more years.

Both defence lawyers are asking for a condition sentence with probation.

Diane Davy and her husband James Davy were convicted with failing to provide the necessities of life for Diane’s mother – 76-year-old Viola Simonds.

Simonds was found in her bed in the couple’s home covered in vomit, urine and feces suffering from a broken hip. She died a few months later.

Three family members offered victim impact statements Friday in court.

Sue McConnell, Simonds' daughter-in-law, said her kids were not able to get to know what kind of a woman she was and she prays that she has found peace.

When asked by the judge if they had anything to say James Davy said no and Diane Davy said she never meant any harm and did what she could.

The judge is expected to hand down his sentence in mid-January.