VANCOUVER – A Surrey man who snuck into a young girl’s home in the dead of night and molested her in her bedroom has lost an appeal of his dangerous offender classification.
That means his sentence has no expiry date.
Kyle Wayne Berkson, 40, was sentenced in 2013 in Surrey provincial court. His nine-year-old victim was sexually assaulted in her bedroom while her grandparents slept in the next room.
Her identity is shielded by a court-ordered publication ban. She testified during the trial that she was sleeping in her bed when a man with "Elvis" hair climbed on top of her, fondled and licked her and began "humping" her. Before he left, she said, he told her to stay put for five minutes or he and his buddy would start shooting.
The court heard Berkson was a long-time friend of the girl’s family, knew his way around her home and was adept at picking locks as his dad had been a locksmith. The court heard he used a pair of scissors to cut her underpants.
He was designated a dangerous offender in 2013. He appealed that, and lost. The appeal was heard in B.C. Court of Appeal in Vancouver.