Rape case head­ing to trial

Judge re­fused to ac­cept man’s guilty pleas

The Sudbury Star - - LOCAL - HAROLD CARMICHAEL [email protected]­media.com Twit­ter: @HaroldCarmichae

A Sud­bury man who was ready to plead guilty to rap­ing a teen is now head­ing to a trial.

Kevin Boyle had trial dates of Oct. 21-25 set in Su­pe­rior Court as­sign­ment court Tues­day. Jury se­lec­tion will oc­cur Oct. 15.

The trial date set­ting fol­lowed a ju­di­cial pre-trial meet­ing held April 16. A ju­di­cial pre-trial meet­ing is a closed-door meet­ing in­volv­ing a judge, de­fence lawyer and Crown representative to dis­cuss is­sues in a case.

Boyle was look­ing at a 25-anda-half month, time-served sen­tence in mid-Jan­uary af­ter plead­ing guilty to sex­ual as­sault and breach of pro­ba­tion con­cern­ing the al­leged rape of an un­con­scious woman in the city in Au­gust 2017.

How­ever, dur­ing his ram­bling, 10-minute state­ment to the court on Jan. 14, Boyle in­di­cated that while he be­lieved he had con­sent from the teen, he was doing the morally right thing by plead­ing guilty and spar­ing the woman from hav­ing to tes­tify be­fore a jury.

Su­pe­rior Court Jus­tice Dan Cor­nell promptly in­di­cated he would have no part of Boyle’s guilty pleas and con­se­quently struck them, even though the ac­cused asked the judge not to do so.

“I don’t want (the vic­tim) to go through this again,” he told the judge. “I want to be found guilty and get what­ever pun­ish­ment. I don’t want her to come here. I’m guilty.”

Cor­nell would not budge from his view, point­ing out that when he accepts a guilty plea, it has to be un­equiv­o­cal.

“We don’t deal with moral­ity in this court­room: we deal with le­gal guilt,” said the judge. “(The state­ment) made it clear there were one or two de­fences.”

Boyle, 43, was charged in an al­leged sex­ual as­sault on a fe­male teen he knew Aug. 25, 2017. He had been set to start a judge and jury trial on Jan. 14, but the al­leged vic­tim in the case was not pre­pared to tes­tify, leav­ing the Crown to rely on tran­scripts from the pre­lim­i­nary hear­ing and video state­ments made to Greater Sud­bury Po­lice.

That led to Boyle en­ter­ing his two pleas of guilt and a joint sen­tenc­ing sub­mis­sion from the Crown and de­fence.

Since Boyle had been in cus­tody for about 17 months, he would have re­ceived pre-cus­tody credit of 25-and-a-half months. Boyle was also look­ing at a DNA order, two-year pro­ba­tion order, a life­time reg­is­tra­tion on the national sex of­fend­ers’ reg­istry, and a 10year weapons ban.

“I was wrong and I’m sorry,” Boyle said in his state­ment. “My de­sire out­weighed my per­cep­tion … My judg­ment fal­tered. I low­ered my guard and my heart is filled with shame … I have noth­ing but re­gret and re­morse for my ac­tions.”

At the time of the al­leged sex­ual as­sault, Boyle was on a pro­ba­tion order. He was ar­rested on Aug. 26, 2017, and has re­mained in cus­tody since.

In July 2013, Boyle re­ceived a four-and-a-half year pen­i­ten­tiary term con­cern­ing a sex­ual as­sault on a fe­male teen in Hanmer in Septem­ber of 2012. Boyle was con­victed of sex­ual as­sault, threat­en­ing death, and us­ing his hands to choke an 18-year-old fe­male he had given a ride to Hanmer on Sept. 13, 2012.

Boyle, then 36, was also given a life­time weapons ban, or­dered to pro­vide a ge­netic sam­ple to the National DNA data­bank, and was to be reg­is­tered with the national sex of­fend­ers’ reg­istry.

Boyle, who has an ex­ten­sive crim­i­nal record dat­ing back to when he was a youth, was de­nied bail in the fall of 2012 and then again at a bail review hear­ing. Boyle’s record in­cludes rob­bery and weapons con­vic­tions.

Newspapers in English

Newspapers from Canada

© PressReader. All rights reserved.