Former Estevan mayor John Empey will continue to serve his 18-month sentence in a provincial prison, said three Court of Appeal justices Thursday.

Empey appeared in the Regina higher court, shackled at the wrists and ankles, and sat sullenly while Crown prosecutor Lane Wiegers told the court that Empey's original sentence was "demonstrably unfit."

The appeal was scheduled on the application of the Crown, who felt that the initial 18-month sentence-handed down in an Estevan courtroom, after Empey pleaded guilty to sexual assault charges on Dec. 15, was not a lengthy enough prison-term.

Wiegers told three appeal justices that Empey's engagement in sexual assault over a period of nearly 10 years is comparable to sexual assault convictions in the province that resulted in as much as four-year prison terms.

The assault for which Empey was convicted should warrant a heftier punishment because it "had a truly devastating effect on the victim," according to Wiegers.

Empey's victim cannot be identified due to a court order.

Empey's defence attorney, Aaron Fox, argued that the trial judge, James Benison, had already considered all the factors of the case when he made his original sentencing decision.

"This is a serious matter," Fox told the court. "No one suggests otherwise, and that's why he received 18 months."

After hearing arguments, the three Court of Appeal judges conferred briefly, and Justice William Vancise relayed their decision. He said the original sentence was within an acceptable range, and that the court was "not convinced this is a case in which it would be appropriate to intervene."

The other Appeal Court judges were Justices Nicholas Sherstobitoff and Gene Anne Smith.

Afterwards, Fox told reporters that the 67-year old Empey was relieved to have the original sentence maintained. When asked how the three-term mayor is faring in prison, Fox replied that he is "OK."

"I mean, he's serving time in jail. It's not a pleasant place to be, and it certainly isn't a pleasant place to be when you're 67 years of age. But he's gone in with a good attitude, and is trying to make the best of it," said Fox, after Empey had been led out of the courtroom to return to prison.

Empey will be eligible to apply for parole after serving one-third of his full sentence.

"There's no guarantee that you'll get parole, and for the particular offence that he's been convicted of, there are some more restrictions that might apply," said Fox. "... The parole board will ultimately determine how much of his sentence he will serve."

Wiegers was not able to say if the Crown will pursue the appeal to a higher court, saying: "We respect the decision of the Court of Appeal," and calling the possibility of further appeals "a matter of speculation, at this point."

(Morrison is a journalism student at the University of Regina)