Lit­tle Bay man sen­tenced to house ar­rest of four months

Con­di­tional sen­tenced or­dered in as­sault case in­volv­ing 75-year-old vic­tim

The Southern Gazette - - Editorial - BY COLIN FARRELL [email protected]­erngazette.ca

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.

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