Sydney man getting probation for sexual assault
HALIFAX — A Sydney businessman will be getting probation for sexually assaulting a woman in the back seat of a Halifax taxi in 2017. The question is whether it will come with a conditional discharge.
Hossameldin Mohammed Elgebeily, 34, was found guilty in March following a trial in Nova Scotia Supreme Court in Halifax.
His sentencing hearing was held last week, with Justice Glen McDougall reserving his decision until July 8.
According to the evidence at trial, Elgebeily travelled to Halifax in the spring of 2017 for training in advance of the opening of a Mezza Lebanese Kitchen franchise he operated in Sydney with his brother.
Elgebeily and two women spent the night of March 31 drinking and dancing at a bar. The three decided to share a cab to their respective places in the early morning hours of April 1. One of the women got in the front passenger seat, while Elgebeily and the complainant sat in the back seat.
There’s a publication ban on any information that would identify the complainant. She testified that after the other woman was dropped off, Elgebeily tried to persuade her to accompany him to his Airbnb rental and attempted to kiss her. She said she pulled away and told him to stop.
MOVED HAND
The woman said Elgebeily then reached over and put his left hand under her right leg, which she had crossed over her left leg, and placed his hand up against her vagina. She told the court he eventually moved his hand and rested it on her thigh, close to her knee.
When the cab arrived at her residence, she said Elgebeily again tried to kiss her, grabbing her face and turning her head, but she resisted and got out of the vehicle.
At no time did Elgebeily seek her permission to touch her, she said, nor did she consent to his advances. She said she pushed him away at least twice and told him to stop when he tried kissing her.
Elgebeily admitted in his direct testimony that he placed his hand on the woman’s thigh and tried to give her a kiss. He also said he asked her to come home with him but she said no. He said he only put his hand on her leg to be friendly, and emphatically denied touching her genital area.
On cross-examination, Elgebeily acknowledged he did not ask for the woman’s permission before putting his hand on her leg or trying to kiss her. He said he thought she would be receptive to his advances and agreed with the prosecutor that he was “testing the waters.”
At the sentencing hearing, Crown attorney Sarah Kirby recommended a suspended sentence with two years’ probation, including 50 hours of community service.
Defence counsel Eugene Tan and Madeline Smillie-Sharp asked for a conditional discharge with probation — a sentence that would enable Elgebeily, who has permanent resident status, to avoid having a criminal conviction on his record.
Smillie-Sharp said the assault clearly had a significant impact on the victim but was not on the high end of sexual assaults.
LOST BUSINESS
The defence said Elgebeily and his brother lost their Mezza franchises in Sydney and Truro after he was found guilty of the offence, leaving him with significant debts, and his reputation in the community has been damaged.
A criminal conviction would not automatically result in Elgebeily being deported, but there is a risk that it could happen, Smillie-Sharp said.
But the prosecutor argued a conditional discharge for a sexual assault would be contrary to the public interest and would not adequately address the primary sentencing principles of denunciation and deterrence.
Elgebeily apologized for his conduct and said it was never his intention to harm the complainant.
“I honestly thought I was innocent and that’s why I elected to go to trial,” he told the judge. “You concluded that I was guilty, and I accept and I respect that decision and I take full responsibility.”