Man appealing convictions, sentence

An Eastern Shore man found guilty of abusing his former common-law spouse over an eight-year period is appealing his convictions and sentence.

Andre Arron Gerrard, 40, of Spry Harbour stood trial in Dartmouth provincial court last year and was convicted on 13 charges, including pointing a rifle and other firearm-related offences, uttering threats, assault causing bodily harm, assault, property mischief and criminal harassment.

Judge Jean Whalen found that the offences were committed in Spry Harbour between December 2009 and October 2017. She acquitted Gerrard on a charge of forcible confinement.

Last month, Whalen sentenced Gerrard to 30 months in prison, gave him a lifetime weapons prohibition and compelled him to provide a DNA sample for a national databank. She also ordered him to make restitution of $5,736 to his ex for items he damaged or destroyed.

“To say that (the victim) experienced a living hell … while with Mr. Gerrard would be an understatement,” Whalen said in her sentencing decision. “Even to this day, she is fearful of him.”

The judge said “things began to change” after Gerrard moved in with the woman.

“He slowly started to take control, smashed phones, cars and furniture, and then the assaults began — the slaps, the grabs, the pushes, the kicks, the threats,” Whalen said.

“And then the use of weapons. On at least one occasion, the rifle was loaded, and on at least one occasion, (their) daughter was in the home.”

Gerrard refused to take responsibility for the offences at sentencing, saying they never happened.

In a notice of appeal filed with the Nova Scotia Court of Appeal on Nov. 3, Gerrard claims the guilty verdicts were unreasonable and were not supported by the evidence.

He contends the judge erred in assessing the credibility of Crown and defence witnesses and failed to provide a sufficient explanation for her reasoning.

Gerrard also has problems with the sentence imposed by Whalen. She originally gave him 30 months in prison on some charges and two years’ probation on others, but changed the sentence four days later to replace the probation with concurrent jail time.

The judge had no authority to vary the original sentence, even if it was not valid, Gerrard says.

Gerrard, who is represented by lawyer Ian Hutchison, is asking the Appeal Court to set aside his convictions and replace them with verdicts of not guilty or order a new trial.

If his convictions stand, he wants to be sentenced “in accordance with law.”

Gerrard was in the Springhill Institution when the appeal notice was filed. He has yet to seek bail pending the outcome of his appeal.