SYDNEY, N.S. — The Parole Board of Canada has ordered the continued detention of a New Glasgow man sentenced to 12 years in federal custody for a brutal sexual assault after deeming him a high risk to reoffend violently.
Justin Christopher Miller, now 35, had pleaded guilty to aggravated sexual assault and assault with a weapon in connection with the crime, which occurred Aug. 28, 2010, in Port Hawkesbury. He was sentenced in January 2013. He was given credit for time served pending sentencing.
The victim was a woman whose name is prohibited from publication.
“Your caseworkers are of the opinion that you present a high risk of reoffending violently (including sexual assaults) and there is no supervision strategy in the community that is sufficient to ensure the public’s safety at this time,” the decision states.
The victim and Miller were at a mutual friend’s home prior to the attack and when the victim decided to leave, Miller offered to walk her home, which she refused.
As she walked home, the victim noticed Miller was following her and he tackled her to the ground near the courthouse in Port Hawkesbury.
Despite her pleas for Miller to stop, the victim said she recalled him telling her to “do what I want to do.” He attempted to strangle her, pulled her hair, hit her in the face and threatened to kill her.
In passing sentence, Nova Scotia Supreme Court Justice Cindy Bourgeois had noted that the victim’s physical injuries were significant, including a serious jaw injury requiring ongoing treatment and several surgical interventions. The victim also suffered devastating emotional damage.
A forensic sexual behaviour assessment concluded Miller had a primary diagnosis of biastophilia, meaning he becomes sexually aroused by non-consensual sexual contact. He had an alcohol dependence and a history of prescription medication abuse.
The parole board notes that, during his current sentence, Miller has continued to be involved with violent infractions, one which resulted in an additional conviction and he also faces outstanding charges of aggravated assault and assault with a weapon. He also has numerous disciplinary reports relating to medication theft, refusal of orders, possession of prohibited materials, throwing excrement at another inmate and other violations. He has also been found with a homemade weapon.
The decision states that Miller hasn’t addressed factors contributing to his criminality, that he has no remorse for his crimes and has a disregard for his victims.
The board stated it is particularly concerned with his lack of insight into his triggers or potential for violence. It noted that he did participate in a primer program for a treatment program for sexual offenders while in segregation.
The parole board’s decision notes that Miller’s criminal record dates back to 1999 and his “criminality is early, polymorphous, persistent and demonstrates your potential for extremely violent behaviour.”
He has unrelated convictions for arson, sexual touching and aggravated assault. They include a 2002 aggravated assault conviction where he slit the throat of a woman who resisted his advance, stabbed her with a pair of scissors and left her for dead.
Miller was also prohibited from possessing firearms for the remainder of his life, was to submit a DNA sample to the national registry and was also to be a registered sex offender.
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