Five of rapist’s charges stayed
Crown seeking to have Sofyan Boalag deemed a dangerous or long-term offender
Five charges that rapist Sofyan Boalag was convicted of will no longer be considered in sentencing.
The decision to have the charges stayed was made Friday morning in provincial court in St. John’s by Chief Judge Pamela Goulding.
The last time the case was in court, Crown prosecutor Trisha McCarthy and defence lawyer Jeff Brace had agreed that four of Boalag’s 13 convictions should be stayed.
Those charges are two counts of concealing a weapon, possessing stolen goods, sexual interference and possessing a weapon dangerous to the public.
Brace had wanted one additional charge to be stayed — attempting to suffocate or choke one of the women — but Goulding disagreed.
Boalag, 37, originally from Algeria, was convicted last month of three counts of sexual assault with a weapon, two counts each of robbery and carrying a concealed weapon, along with single counts of resisting arrest, possessing property obtained by a crime, attempting to choke or suffocate a person, possessing a prohibited weapon, sexual interference and possessing a weapon dangerous to the public.
Goulding was the one who had first brought up the issue of the stays. In rendering the verdict in the case earlier this month, she concluded her written decision by inviting counsel to make submissions on whether the Kienapple principle applies.
The Kienapple case was a 1975 decision of the Supreme Court of Canada that established a rule against multiple convictions.
It essentially prevents duplication of charges.
Lawyers explained that the lesser charges are included in the more serious offences — the charges of sexual assault with a weapon encompasses the weapons charges and all the charges of sexual assault encompasses the charge of sexual interference, which is a sexual assault on a person under 16 years of age.
Next will be a decision on how Boalag will be sentenced.
The Crown is looking to file an application to have Boalag deemed either a dangerous offender or long-term offender.
A dangerous offender stays in prison for an undetermined period of time. If released, they are closely monitored and must adhere to strict parole conditions.
Long-term offenders have a defined term of imprisonment imposed, followed by up to 10 years of supervision.
Boalag underwent an extensive psychiatric assessment.
Brace is opposing the application.
A hearing to argue that will be held Oct. 11.
A date for Boalag’s sentencing hearing won’t be set until a decision is made on this issue.