TRURO - A Millbrook man convicted of sexual assault dating back to 1967 received a two-year (less one day) conditional sentence in provincial court Tuesday.
"As far as I am concerned, I don't believe there is a risk to re-offend," Judge Robert Stroud said, in rejecting a Crown's recommendation for a prison term for James Bernard Johnson, 64, of 929 Willow St.
Stroud instead accepted the recommendation from defence lawyer Steve Topshee for a conditional sentence, which includes full house arrest for the first 16 months, followed by a curfew of 8 p.m. to 6 a.m. for the final eight months. Following the conditional sentence, Johnson will then be placed on probation for one year.
Johnson was found guilty of having sex with a nine-year old female during an incident that occurred between June and September of 1967 when he was 21. The victim's identity is protected by a publication ban.
"He feels the RCMP embellished the victim's story," Crown Attorney Paul Drysdale said yesterday, in reference to Johnson's apparent lack of remorse and continued denial that the offence occurred. "But it also shows a lack of respect for the victim and what she has been through."
Evidence brought out during his trial last February indicated the victim suffered some physical injury and anxiety issues from what was described in court as a "terrible" and "highly invasive assault."
In announcing his guilty finding in March, Stroud said: "I can neither accept Mr. Johnson's evidence nor was I left with a reasonable doubt by him."
