Little Bay man sentenced to house arrest of four months
Conditional sentenced ordered in assault case involving 75-year-old victim
Ricardo aka Rick Murphy, 50, of Little Bay has been sentenced to a period of four months house arrest.
The charges are in relation to an offense that occurred in September of 2017.
According to information provided by Judge Harold Porter in his written decision on sentencing, the accused had been living with his 75-yearold mother at the time of the offence.
“He was out in a shed, drinking. He went to the door of his mother’s house at around 1:00 a.m.,” Porter wrote. “She had the door locked. He knocked, and she opened the door. As he came into her home, he pushed her, causing her head to strike the door facing. As a result of the blow, she had a bruise on her forehead.”
Porter wrote that the accused is not a first time offender, having a number of convictions within the province as well as in Toronto and Calgary.
Porter provided a background of the criminal history of Murphy in which he noted having sentenced the accused himself on more than one occasion, including a 90-day sentence for assaulting a police officer and another six-month sentence for assault.
The Judge explained that the range of sentencing cases for common assault goes from absolute discharge to six months in person.
When it came to his decision on sentencing in this case, Porter added that the location where the offence occurred was an aggravating factor.
“When the violence is committed in the place where the victim ought to be safest, her own home,” he wrote. “Mrs. Murphy had hosted the accused in her home for 12 years. She was entitled to the quiet and safe enjoyment of her home. His assault of her, in her home, requires denunciation in strong terms.”
Porter wrote that given the prior record of the accused, “a fair and proportionate sentence for this assault is 4 months.”
The Judge noted, “That exceeds the maximum sentence available for an intermittent sentence.”
The accused was sentenced to a period of four months house arrest with conditions on where he lives and the hours he is permitted to leave his home and for what purpose.
He must also refrain from having any contact or communication with the victim, except at her invitation, and then, only by telephone.
A 12-month probationary period and $100 victim surcharge was also ordered.