GUELPH – A sexual assault victim left Guelph court frustrated on Wednesday after another delay, this time related to a victim impact statement.
Former Goofie Newfie Pub and Grill employee Robert O’Brien was accused by a woman, who cannot be named because of a publication ban, of sexually assaulting her between 2021 and 2023.
O’Brien was charged with four counts of sexual assault in 2023 and was found guilty in June on two counts following a six-day trial.
O’Brien sexually assaulted the woman on a bus ride from a work party, touching her buttocks and breasts, and later at the pub by placing his hand on her buttocks – all without the woman’s consent.
Sentencing submissions to Justice Nicole Redgate didn’t proceed as expected on Wednesday after O’Brien’s defence lawyer, Brennan Smart, said he’s contesting certain details of a victim impact statement.
These statements, describing the specific and individual toll of a crime on a victim, must be factored by judges in determining a sentence.
Smart said the statement was just received on Monday, which did not provide enough time to review it and to resolve a dispute about the degree of O’Brien’s position of control at the business, among other nuances.
Frustration was evident in remarks and sighs heard from the gallery, which included supporters and family members of the victim.
As O’Brien was exiting court, heated words were said from the gallery before others hushed the brief exchange, urging restraint.
A new date for sentencing arguments is expected to be set later this month.
