Sidhartha Banerjee, THE CANADIAN PRESS

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MONTREAL - A Quebec judge will have to decide in the coming weeks whether a 93-year-old man in poor health should avoid jail time after being convicted of incest.

Judge Andre Perreault listened intently on Monday as both sides presented widely divergent views on how to sentence Philippe Hamelin, whose case is complicated because of his advanced age and various health problems.

Hamelin is blind and deaf and suffers from a degenerative disorder similar to Alzheimer's disease. He arrived at the Montreal courthouse in a wheelchair.

The Crown is seeking a prison sentence of between seven and nine years while Hamelin's lawyer argued that any time in jail would be tantamount to a death sentence.

"He won't get out," said defence lawyer Helene Poussard.

She argued that Hamelin should serve two years less a day in the community and that he poses no risk to society or to reoffend.

Thanks to widespread media attention generated by the case, Hamelin has already been shunned by others in a seniors' residence where he resides. Apart from visits from a son and one other woman, he's completely isolated.

"He's already got nothing," said Poussard.

Hamelin, who has no previous record, was convicted last year of incest, sexual molestation and assault causing bodily harm.

The acts took place in Montreal and Granby between 1956 and 1963 when his daughters Marcelle and Michele, now 62 and 63 respectively, were children.

The sisters had the publication ban on their identities lifted at their own request at a previous court appearance last year.

Despite the conviction, Philippe Hamelin has steadfastly proclaimed his innocence and said he never harmed his daughters.

It was that lack of remorse that caused Marcelle Hamelin to file a complaint in 2004.

She hopes the entire process will end soon.

"I went through something difficult and it's a liberation, but it's not easy either to see him," she said following Monday's hearing.

"It destroyed my life and I hope that it will end on the 27th because it's been a long process."

Perreault will render a sentence on Jan. 27.

The proposed destination for Hamelin is a prison infirmary and Correctional Service Canada said it would find a way to house the 93-year-old inmate, although it is not a usual request.

But Poussard argued Hamelin would not receive the same services provided to other inmates - classes, therapy and time outdoors.

"They'll park him in a room, they'll change his diaper, they'll bathe him and bring him his meals and that's it," Poussard said.

"That alone means Mr. Hamelin deserves the clemency of the court and as such should receive a sentence that is less severe than what he would have normally received."

Crown prosecutor France Duhamel said the jurisprudence is clear and it's up to the judge to decide, considering the circumstances.

"I'm suggesting seven to nine years, but I can't predict how long this gentleman will live," Duhamel told Perreault, who asked her if she believes her recommended sentence is appropriate.

"It's not up to me to decide that, because he's not well, that he should receive a lesser sentence," she replied.