Credits: SUN NEWS NETWORK
Mark Sarte, 29, previously pleaded guilty to one count of sexual assault. Two co-accused, Charles Collantes and Jeffrey Tongol, were previously sentenced to 30 months and 20 months in jail respectively.
"It may be an uphill battle," Associate Chief Justice William Burnett told defence lawyer Darren Sawchuk at the start of his submission.
Court has heard the three men molested and assaulted the woman after she passed out following a night of drinking in 2004.
Collantes -- the victim's former boyfriend -- digitally penetrated the woman while Tongol operated the video camera. In other parts of the video, Sarte and Tongol are seen kissing the woman's buttocks.
The woman did not know she had been assaulted until police showed her a videotape of the assault in 2007. Court has heard Collantes' then-girlfriend discovered the videotape while "snooping" in his bedroom.
Sarte was on parole for drug offences committed subsequent to the assault when a warrant was issued for his arrest in November 2007. Sarte spent three months in custody before he was "then effectively paroled again," Sawchuk said.
Sarte's crime and subsequent arrest both predate changes eliminating conditional sentences for personal injury offences.
Sawchuk said Sarte's conduct "falls on the lower end of the continuum" with respect to sexual assaults. He said Collantes was the "principal offender" and was "encouraged" by Tongol.
Sawchuk said Sarte has stayed out of trouble since his last stint in custody and has strong family support.
"He has spent time trying to right his ship," Sawchuk said. "I'm not sure what else he could have done aside from start a homeless shelter or something to establish his bona fides."
Burnett will sentence Sarte Sept. 14.