A judge has questioned the sincerity of a Dartmouth senior’s expression of remorse at his sentencing for sexually abusing a girl over a 10-year period beginning in 1978.
Edward Smith Murley, 70, denied at trial in Nova Scotia Supreme Court in Halifax that he ever molested the girl.
Murley was found guilty in December on all four charges he faced – two counts of sexual assault and one count each of gross indecency and indecent assault.
He changed his tune in an interview for his presentence report, saying: “I think of what I have done and how every day the victim must be suffering. I wish I could go back and change everything.”
Murley also told the author of the report that if he went to prison, he would lose his job and have “severe financial difficulties.”
In his sentencing decision Friday, Justice Kevin Coady concluded Murley was only remorseful “for getting caught and punished for his crimes.”
“Mr. Murley’s stated remorse towards (the victim) rings hollow and cannot be a mitigating factor,” Coady said. “They are just words.”
Abuse started at age 5
The judge sentenced Murley to six years in prison and ordered him to register as a sex offender for the rest of his life.
The victim, now 47, had an unstable childhood and was often left in the care of Murley and his wife. Although she was not related to Murley, she called him Uncle Ed.
“(She) was very vulnerable to abuse, and Mr. Murley was only too willing to exploit that vulnerability,” Coady said.
The woman testified that Murley first molested her when she was just five years of age. She said the abuse began as touching and progressed to oral sex and then intercourse, which went on until she was 14.
She said Murley took advantage of any opportunity to abuse her. She recalled incidents at his residences in Halifax and Dartmouth and said he also violated her in the Windsor area.
When she was 14, she reported the abuse to Murley’s ex-wife and then to her mother. She went to police 28 years later, in 2016.
“She was a young girl when this all happened to her. Her whole life has been altered."
- Justice Kevin Coady
In a victim impact statement, the woman referred to the abuse as a "monster that never leaves.”
She said she doesn’t even feel safe when she’s with her own family and has never believed she’s worthy of happiness.
“These statements … are incredibly poignant,” Coady said. “She was really thrust into a war without any defence tools, not even family support.”
Murley’s crimes have had a significant impact on the victim and her family, the judge said. “She was a young girl when this all happened to her. Her whole life has been altered.
“I was impressed with how (she) has risen above the abuse and charted a future for herself. I anticipate that her testimony in this trial will contribute to her recovery.”
Other convictions
Murley did not have a criminal record when he committed these offences but was later convicted of molesting other children.
In 2017, Murley pleaded guilty to two charges of indecent assault and one of gross indecency and was sentenced to 90 days in jail, to be served on weekends, followed by probation. Those offences were committed between 1980 and 1985 in Dartmouth and involved a boy who was eight or nine years old and a girl who was between the ages of seven and nine.
Murley also has a conviction for sexual interference involving a boy in 2007. At sentencing in 2009, the court was told he had completed a forensic sexual behaviour program and was considered a low risk to reoffend. He received a 90-day intermittent jail sentence and probation.
A 2015 sex offender assessment said Murley’s baseline risk for future sexual offences was low to moderate and was being reasonably well managed due to his embarrassment at being before the court on sex-related charges and his lack of opportunity. A forensic psychologist said his risk would substantially increase should he have time alone with a child with whom he was close.
Coady said Murley is a “rather cowardly offender, in that he targets children who he has some control over.
“All of Mr. Murley’s victims share the same vulnerability. They are socially and economically challenged and have compromised family and support arrangements. Mr. Murley’s predatory behaviour is a perfect example of the stronger exploiting the weaker.”
Judge rejects historical argument
Crown attorney Rob Kennedy asked for a sentence of eight to nine years, while defence lawyer Kathryn Piche recommended 3.5 years.
Coady noted the Supreme Court of Canada, in its Friesen decision in April 2020, directed that longer sentences should be imposed for sex crimes against children. He rejected Piche’s argument that the principles of that decision should not apply to Murley because of the historical nature of his offences.
“The message from the court is that if you get caught 30 to 40 years after the offence, the passage of time should not mitigate the sentence,” Coady said.
“Mr. Murley knew his actions were wrong when he committed them. It is for that reason that he cautioned (the girl) from reporting. He also knew that his crimes would have long-lasting and serious consequences for (her).”
The judge gave Murley six years concurrent for each sexual assault charge, four years concurrent for the offence of gross indecency and stayed the indecent assault charge. He ordered Murley to have no contact with the victim.
Murley is also prohibited for the rest of his life from having firearms and from attending public facilities frequented by children, holding any job or volunteer position involving persons under the age of 16 and using the internet for the purpose of communicating with kids.
