Former pub owner sentenced to jail for sexual assaults, released pending appeal

GUELPH – It was either house arrest or time behind bars at a Feb. 11 sentencing hearing for former Goofie Newfie partner Robert O’Brien.

Sitting beside his wife in Guelph court on Wednesday, O’Brien appeared despondent as he was handed a six-month jail sentence by Justice Nicole Redgate for sexually assaulting a former pub employee.

But the 51-year-old is already back in Elora as the case heads to the Ontario Court of Appeal.

O’Brien’s defence lawyer Brennan Smart confirmed to the Advertiser that the Crown consented to release O’Brien on bail until the case is heard by the appeal court.

Smart said that could be anywhere between six and 12 months from now.

It has already taken more than two and a half years for the case to trudge through court after charges were laid in June 2023.

At issue for the defence are the reasoning and decisions that led to O’Brien's conviction, Smart said. A new trial is being sought.

“The judge made findings, and we are of the belief that there were errors in law on the path to her findings,” Smart said.

“[O’Brien] has the right to have the trial decision reviewed by a higher court to see whether the decision can withstand legal scrutiny,” Smart added.

A panel of judges could overturn the conviction and send it back for a new trial, or uphold the conviction and reconsider the sentence.

The appeal was filed in advance of O’Brien’s sentencing by Smart’s colleague, Mel Edwardh, who will be counsel for the appeal.

O’Brien was found guilty on two counts of sexually assaulting former pub employee Mackenzie Osborne in a six-day, judge-alone trial last year.

Assistant Crown attorney Matthew Yassa previously asked that O’Brien be jailed for 18 months, followed by three years of probation.

The defence suggested a year of house arrest, followed by another year of probation, was appropriate.

At this week’s sentencing hearing, court heard house arrest would adequately check off some boxes, such as protecting the public and avoiding incarceration when possible.

But a sentence served in the community, Justice Redgate said, would “fail to adequately reflect the seriousness of the conduct, the power imbalance and the significant harm caused.”

The court gallery behind the Crown and Osborne was all but filled with her family and supporters.

Osborne, who babysat O’Brien’s children, previously told court she was just 20 when O’Brien, 30 years her senior and a man she considered her boss, committed the sexual assaults.

Court heard O’Brien touched Osborne’s breasts and buttocks on a bus ride from a work party, and while at the pub, he placed his hand on her buttocks – all without her consent.

The unwanted sexual touching constituted “a serious breach of her personal autonomy and bodily integrity,” Redgate said, reading from her sentencing decision.

“Further, the profound emotional, psychological and practical impact of the offences, as outlined in Miss Osborne's victim impact statement, demands a meaningful response from this court."

The judge considered 11 letters of support for O’Brien, speaking highly of the father of two and noting a commitment to coaching youth sports and participation in community charity efforts.

Following last year’s guilty findings, the Goofie Newfie’s liquor licence was pulled for 10 days. O’Brien was jointly listed on the licence, and on the business title, with spouse Rebecca O’Brien.

He can no longer be involved with the business, or physically be at the pub, as per the province’s alcohol retail regulator.

Nor can he work with youth or serve the community in the same way with the convictions, court heard.

O’Brien’s family has been the subject of much negative attention online. The case has also attracted media coverage.

But the fallout and mitigating aspects of the case didn’t go far enough to stave off a jail sentence.

Redgate noted O’Brien hasn’t expressed remorse or accepted responsibility.

It’s also his second time before the court on allegations of sexually assaulting a former pub employee.

In a 2017 case, he was given a conditional discharge (finding of guilt without a criminal record) and nine months of probation after pleading to a lesser assault charge.

Redgate said her sentence speaks to the escalating nature and gravity of O’Brien’s offences.

Osborne declined to comment on the outcome outside the courthouse on Wednesday afternoon.

Her mother, Kim Watson-LeBeau, said the family was not surprised by the outcome.

They believed jail time was coming, and got a heads up about the appeal, which Watson-LeBeau called a “delay tactic.”

Though the saga is likely to last more than three years, she said it’s worthwhile.

“Society is really changing how they view sexual assault, and I think it's very important for males and females to be able to feel safe in their work environment,” she said.

Watson-LeBeau said Osborne is “happy” and “feeling very vindicated.”