Wendy's supervisor who sexually assaulted co-workers sentenced to 2 years in prison

A Wendy's supervisor who sexually assaulted his teenaged co-workers at a Sydney restaurant will now spend two years behind bars.

David Lennard MacDonald, 25, said nothing as he was led away by court sheriffs after a provincial court appearance on Friday.

The Sydney man's two-year prison term is double what was recommended by both the Crown and defence.

Judge Dan MacRury said a tougher punishment was necessary given the facts of the case.

"He abused a position of trust against five different victims," said MacRury. "The duration of his offences were for over a year. The attacks by the accused were planned and deliberate in an area of the restaurant where there [were] no cameras or cell service."

Consent not given

The court heard the offences began in January 2018 and continued until May 2019.

MacDonald often followed his victims into areas of the restaurant where there were no cameras, such as the fridge or freezer, break room and a cubby where food trays are cleaned.

The five teens, whose names are banned from publication, worked overlapping shifts with MacDonald, who was a shift manager. 

They say MacDonald would put his hands on their breasts or buttocks while hugging them. The victims never consented to the hugs, and said MacDonald sometimes hugged without warning. 

In one instance, MacDonald told a victim he lost his employee card and joked that it might be down one of the girl's shirts. 

He then came up from behind and grabbed the victim's breasts outside of her shirt.

MacDonald was arrested in August 2020 following a police investigation.

Victim impact statements filed

One of the victims told police she reported MacDonald's behaviour to the restaurant's owner.

A pair of lawsuits filed by two of the victims allege that Wendy's in Sydney failed to protect them from repeated sexual assaults by continuing to employ and regularly schedule MacDonald to work with them and other female employees after the allegations against him had surfaced. 

At least two of MacDonald's female co-workers eventually quit their jobs due to his behaviour.

"I felt betrayed, mistreated, used and overall disappointed that it took a 15-year-old girl to make you realize what you've done to all of us was wrong," said one of the victims in her letter to the court. 

"Because of what you did I now have trust issues with men, I don't open up to many people," said another victim. 

Risk to re-offend

In a pre-sentence report, MacDonald said he knew what he did was wrong but was unsure why he committed the crimes. 

His defence counsel has asserted that MacDonald is a low-risk to reoffend, but MacRury disagreed. 

"He continued to abuse these five victims over a year period. In my view that suggests a high-risk to reoffend," said MacRury. 

MacDonald's lawyer Ogemdi Egereonu told CBC News, he could not comment on the sentencing as he had not been given instructions by his client. 

Last month, lawyers on both sides of the matter were asked by MacRury to submit arguments explaining their sentencing recommendation in light of a 2020 Supreme Court of Canada decision known as R. vs. Friesen that said courts should impose tougher punishments for sexual crimes against children.

Precedent setting

Crown lawyer Peter Harrison said MacDonald's sentencing will set a precedent for this type of offence involving children.

"It sets the bar very, very high, even after a guilty plea," Harrison said. "This set a very high custodial floor for first-time offenders, even young first-time offenders who abuse a position of trust to commit sexual assaults."

MacRury said he considered MacDonald's lack of criminal record, supportive family and the fact that his plea came early in the court process in weighing his decision.

However, he said a strong message to sexual offenders was needed in this case. 

"In our society, no young woman starting their first job should be subject to sexual abuse," said MacRury. 

"No parent should have to worry about when they're dropping their child off to work that their supervisor will sexually abuse their child."

MacDonald must also serve a probationary period of 36 months. He will also be subject to a DNA order and have his name placed on a national sexual offender registry. 

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