SYDNEY, N.S. — A 26-year-old Sydney man, convicted on a charge of sexual assault, will be sentenced in March after Crown and defence lawyers presented their sentencing recommendations Wednesday.
After hearing the submissions, Supreme Court Justice Robin Gogan adjourned the hearing until March 25 to allow time for Harry James Warner to receive a previously scheduled medical treatment.
Prosecutor John MacDonald recommended a three-year jail sentence while defence lawyer Peter Mancini suggested a three-year suspended sentence during which Warner can serve his time at home under strict conditions. He now continues his release on conditions.
Warner, of Englewood Crescent, was charged in connection with an incident July 8, 2018, that occurred at a cottage in Baddeck.
He was convicted of the offence after a trial presided over by Gogan.
The victim and a police officer testified on behalf of the Crown while the defence called only one witness, the mother of the accused.
In previously issuing a guilty finding, Gogan said she found the testimony of the victim to be direct and forthright and that her answers to questions during cross-examination also enhanced her credibility.
Trial evidence indicated that Warner and the female met on a social media site before arranging to meet in person. Warner did not give the woman his real name.
The pair met in a restaurant parking lot in Boularderie before taking a drive to a property in Mira and then going to Gabarus before spending the night at a cottage in Baddeck. All of the properties visited are owned by Warner’s family.
It was during the overnight stay in Baddeck that the victim testified Warner sexually assaulted her despite her persistent claims for him to stop.
Gogan noted there were certain events to which the victim had no recollection or was confused as to the sequence of events.
The victim explained she suffers from post-traumatic stress disorder, from an unrelated event, which can sometimes affect her memory.
Gogan said while the victim admitted to sometimes getting confused, she gave clear and concise evidence detailing the assault.
“She was credible and readily admitted things she could not remember. She had clear recall of critical events,” said the judge.
In his submission, MacDonald noted that Warner continues to maintain his innocence which is his right. However, said the prosecutor, such a position offers little when it comes to rehabilitation.
Mancini said his client has been diagnosed with schizophrenia which has resulted in comprehension difficulties.
The mental illness can present itself in a combination of hallucinations, delusions, along with disordered thinking and behaviour that can impair daily functioning.
Mancini said his client is now in a better place to deal with his illness than at the time of the offence adding Warner continues to develop varying techniques in which to handle his illness.
