PORT HAWKESBURY, N.S. — The sentence for a former Cape Breton man convicted of sexual assault has been increased but the judge also ruled the man will not ...
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In November 2021, Sherar sentenced Murray to serve a 90-day intermittent sentence — weekends — followed by a two-year probation period. After hearing the Crown’s appeal, Supreme Court Justice Robin Gogan concluded the sentence was indeed unfit and imposed a sentence of 18 months in jail followed by two years probation.
The assault occurred in L’Ardoise, Richmond County, in the home of the victim in January 2019. According to the evidence, Murray forced himself onto the victim despite her verbal and physical protests to stop. The defence sought a six-month conditional sentence, to be served in the community, along with 15 months probation noting the accused had no prior record.
“In my view, the sentencing reasons, read as a whole, overemphasize the mitigating aspects of the offender’s circumstances, and fail to give sufficient weight to the gravity of the offence and to Murray’s moral blameworthiness.”
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