Whitehorse Daily Star

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DANGEROUS OFFENDER – Marvin Cleave was designated a dangerous offender on Monday after being convicted of a brutal sexual assault.

Man declared a dangerous offender

A Yukon man convicted of a brutal rape was designated a dangerous offender on Monday in Yukon Territorial Court.

By Pierre Chauvin on February 11, 2016

A Yukon man convicted of a brutal rape was designated a dangerous offender on Monday in Yukon Territorial Court.

On top of a four-year jail sentence, Marvin Cleave will be under supervision for 10 years, the maximum allowed, after his release from a federal penitentiary.

Cleave, 73, pleaded guilty to sexually assaulting a woman on March 5, 2015, on the first day of his trial.

The offence dates back to Nov. 4, 2014.

The night of the offence, Cleave and the victim were drinking and watching TV at his house.

Any details that could identify the victim are subject to a publication ban.

At some point during the evening, Cleave became upset with the TV malfunctioning.

He started shouting and swearing.

The victim said she was going to leave.

Cleave dragged her in his bedroom.

Grabbing her by the hair, he smashed her head against a wall, punched and kicked her.

After tearing her winter clothes off, he told her he would “slice her off and shoot the cops,” if she resisted, Crown prosecutor Keith Parkkari told the court.

The victim believed Cleave had a knife in the bedroom nearby, the prosecutor told the court.

Cleave vaginally raped her, for five to 10 minutes, holding her down.

She attempted to fight him, but was also worried about the knife.

Cleave continued beating her after the sexual assault.

She was able to escape afterwards, running to a neighbour’s house.

Examination by a nurse revealed she had bruised ribs, and scratches and bruises on her neck.

Investigators found clumps of the victim’s hair in Cleave’s residence.

Judge Peter Chisholm noted that every single offence Cleave had been convicted of involved the consumption of alcohol.

Cleave doesn’t think he has an alcohol problem because he doesn’t drink every day, the judge noted.

He has little recollection of most of the offences he committed due to being impaired.

Cleave meets the criteria of a dangerous offender, Chisholm ruled: he was convicted of a serious personal injury offence, had convictions for two similar offences and he constitutes a threat to the safety of other individuals.

He also showed “a pattern of repetitive behaviour by the offender ... showing a failure to restrain his behaviour,” the judge said.

Cleave had already been convicted of sexual assault in 1970 and in 2002.

Malcolm Campbell, Cleave’s defence lawyer, told the court his client had taken courses centred around violence prevention and substance abuse management while at the Whitehorse Correctional Centre.

He was on the janitorial crew and was “doing well.”

The sentence was a joint submission from the Crown and defence counsels.

With the time spent in custody up to sentencing, Cleave will only have to serve 25 months in a federal penitentiary.

The Crown dropped charges of unlawful confinement, assault and and uttering threats that had also been laid against Cleave.

Comments (8)

Up 1 Down 0

somewhat agrees on Jul 11, 2016 at 2:31 pm

Hey just say'in,
I think both are true, I think the matter of previous convictions should be brought up after conviction and before sentencing, if the charges are stayed the info is moot, if convicted I think that info is VERY pertinent with respect to sentencing.

Up 21 Down 1

Why not others? on Feb 15, 2016 at 9:02 am

It's weird that they'll mark someone in their 70's as dangerous but they don't do that for anyone half their age. Guess we need to give them more time to prove they're dangerous.

Up 11 Down 0

jc on Feb 12, 2016 at 4:58 pm

Moose, actually it will probably be the other way around.

Up 26 Down 3

moose101 on Feb 12, 2016 at 5:47 am

I hope someone gives him his just rewards in dark hallway in prison .

Up 34 Down 0

jc on Feb 11, 2016 at 9:38 pm

73 years old. Obviously the court doesn't believe he will be rehabilitated.

Up 52 Down 1

Thomas Brewer on Feb 11, 2016 at 3:50 pm

This guy sounds like a real piece of work...

Up 84 Down 5

yukon56 on Feb 11, 2016 at 3:33 pm

Cleave had already been convicted of sexual assault in 1970 and in 2002. Seems our justice system has already failed us twice

Up 74 Down 4

just Say'in on Feb 11, 2016 at 3:16 pm

Glad to see he got convicted and that they took his past convictions into account. But most times this is not the case and I do not understand why. There was a woman charged with murder here a few years back and the jury couldn't hear that she had been convicted of murder twice before. I take it the logic is that it may prejudice the jury, however is that not part of the pertinent information to formulate an opinion?

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