A Prince Edward Island man who pleaded guilty to voyeurism has been sentenced to five months in jail, which will add to his existing sentence for an unrelated sexual assault.
Wabaningosi Dingwell, also known as Tim Dingwell, appeared in person at the Charlottetown provincial courthouse Monday. He pleaded guilty to voyeurism, and the Crown stayed the charge of sending an indecent text message.
Dingwell, 44, remained in the community after being convicted of sexually assaulting his former spouse in March 2024. A full year passed between his guilty verdict and his March 14th jail sentence.
Dingwell committed the offence for which he was sentenced on Monday that same year.
Crown prosecutor John Diamond told the court, while reading an agreed-upon statement of facts, that the victim was familiar to Dingwell.
On September 8, she was having sex with her partner in her second-floor apartment when she went to close the curtains.
That’s when she noticed Dingwell standing outside on a ladder, watching them.
He later texted the woman, “alluding to what he had seen.”
Police were called, and Dingwell was taken to the station, where he initially denied watching the couple but admitted to being heavily intoxicated at the time.
Officers sought a search warrant for his phone, which contained messages related to the incident.
Julia O’Hanley, Diamond and Dingwell’s legal aid lawyer, recommended a joint sentence of five months in jail for the crime.
Diamond stated that it was difficult to locate other cases with similar circumstances for the purpose of citing sentencing precedent. He stated that the female victim was stressed and emotionally distressed as a result of the incident, and that Dingwell was solely responsible for this.
The Crown prosecutor, who described the incident as “a violation of the victim’s sexual integrity,” stated that voyeurism offences have increased on P.E.I. in the last 18 months.
O’Hanley discussed Dingwell’s Indigenous heritage and how he has spent the majority of his life disconnected from his culture. She stated that he has been taking steps to become more integrated, such as participating in a sweat lodge ceremony and interacting with the Mi’kmaq Confederacy of Prince Edward Island.
“Our hope is that [the connection] will be most helpful in his rehabilitation efforts going forward,” she told me.
His lawyer told the judge that the incident prompted Dingwell to reconsider his relationship with alcohol, and that he has been sober since October.
O’Hanley also noted that Dingwell did not record any photographs or videos of what he saw.
“The only positive thing to come out of this was that there was no paper trail,” she said, noting that such an action could potentially re-victimize the woman.
No victim impact statement was submitted in this case.
“One can certainly appreciate the distress the victim would feel as a result of this invasion of privacy,” said Jeff Lantz, chief provincial court judge on Prince Edward Island. “It would be very significant to have that happen.”
Lantz accepted the joint recommendation for a five-month sentence and made it consecutive. That means Dingwell’s time in custody for the voyeurism incident will begin after he completes the sexual assault sentence he currently serves. He cannot serve both at the same time.
The judge reduced Dingwell’s latest sentence by 18 days to reflect the 12 days he spent in jail in October.
Dingwell will also be on probation for 18 months and must remain away from the victim during that time.
“Hopefully he finds some support in his culture,” the judge added.
