TRURO - After almost nine months in custody awaiting trial, Robert Henry Desmond was released Monday on a 12-month conditional sentence order that essentially says he must behave himself.
But Desmond, 49, was also ordered not to have any type of contact with the complainant who accused him of sexual assault and he received a stern warning from Nova Scotia Supreme Court Justice Robert Wright that any serious breach of his conditions could land him behind bars for the duration of his sentence.
"You have a history of breaching conditions," Wright said, after accepting a joint sentencing recommendation from the Crown and defence counsels.
"Rest assured, if it happens here in respect to this conditional sentence order you very well could end up back in Burnside."
Desmond, who had pled guilty to common assault prior to the start of a two-week trial, was found guilty on Friday of unlawful confinement and uttering threats against his female complainant.
He was acquitted by a jury on charges of sexual assault, sexual assault with a weapon and sexual assault causing bodily harm.
A co-accused, Michael Shane Paris, 48, was acquitted on all charges.
During Monday's sentencing hearing, court heard that Desmond has a "lengthy" criminal record that includes 30 counts of failing to adhere to court orders, 26 counts of breaching probation, five counts of assault, one count of assault with a weapon, one of obstruction of justice, four counts of being unlawfully at large, assaulting a peace officer, misleading a peace officer, theft and failing the breathalyser.
Desmond was given remand credit of two days for each day he spent in jail awaiting trial. His 12-month conditional sentence order began yesterday.
He also remains on a three-year probation order dating to May 2009.
