CHARLOTTETOWN, P.E.I. — A P.E.I. man who watched as a friend sexually assaulted a woman was sentenced recently to six months in jail for an offence a judge called “abhorrent".
Aaron Joseph John MacPhee, 23, appeared before Justice James Gormley in P.E.I. Supreme Court for sentencing after previously pleading guilty to one count of sexual assault.
In sentencing MacPhee, Gormley accepted a joint recommendation from the Crown and defence.
During his submissions, Crown attorney Jeff MacDonald told the court MacPhee facilitated the victim’s sexual assault through text messages sent to someone he knew.
The court heard MacPhee watched and masturbated as that person sexually assaulted the victim.
MacPhee’s co-accused was charged as a youth and was found guilty after a trial during which the victim had to testify.
The co-accused, who can't be named because he was charged as a youth, is still awaiting sentencing.
MacDonald said the joint recommendation, which included three years of probation and 20 years on the sex offender registry, was centred on the principle of certainty.
Success in a trial is never guaranteed, and the impact on a victim can be profound when there isn’t a conviction, MacDonald said.
He also said the victim suffered over the years because of the two offenders’ actions and she already went through one trial.
“She has had to go through a lot,” he said.
Defence lawyer Brendan Hubley said in his submissions that many times in plea bargain situations there are factors that aren’t before the courts and only the Crown and defence are aware of.
Hubley said the sex offender registry and the period of probation will carry with MacPhee.
“It’s not a free pass,” he said.
Before sentencing MacPhee, Gormley said one of the most aggravating factors in the case was the impact on the woman who filed a detailed victim impact statement.
“Her victim impact statement will stay with me,” he said.
Gormley called the circumstances “abhorrent” and said there was a degree of pre-meditation to the offence MacPhee committed with a friend.
Referring to a pre-sentence report prepared for the case, Gormley said it mentions that MacPhee wasn’t taking full responsibility for his actions or showing remorse.
Gormley said MacPhee would likely be looking at very different circumstances if he had not pleaded guilty.
MacPhee had a chance to address the court before hearing his sentence, but he declined.
Along with the jail time, MacPhee will be on probation for three years and on the sex offender registry for 20 years.
He must also provide a DNA sample for the national databank.
A publication ban prevents the release of any details that could identify the victim.
