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"In his case, the officer is not afraid of violence," O'Gorman noted. She indicated that her review of past case law did not turn up anybody in a similar situation to her client. "Why is he up for a peace bond like this when he doesn't have a history of hurting people?" O'Gorman said. In her submissions to the court, defence lawyer O'Gorman questioned whether the RNC officer's fear of a future break and enter with voyeurism met the test for the type of peace bond sought by police. 'He doesn't have a history of hurting people' Madden noted that Sinclair was found not guilty of voyeurism-related offences in 2012, and the Nova Scotia judge didn't put much weight on a psychologist's report which referenced that in his sentencing hearing for the break and enter. John's Friday, Judge Mike Madden asked the Crown to explain exactly what evidence it is relying on with respect to its references to voyeurism. He was however, convicted of a separate break and enter, and sentenced to five years, which he has now served.Īt Sinclair's hearing in St. The judge in Nova Scotia ruled that there was insufficient proof that Sinclair actually made the recordings, and acquitted him.
HALIFAX SLEEPWATCHER TRIAL
In 2012, Sinclair went on trial in Halifax, accused of voyeurism-related offences linked to the so-called "sleepwatcher" case.Įvidence presented during the trial included a video seized from Sinclair's home, which contained recordings of women undressing in their apartments. She also referenced the potential for voyeurism, adding that "bedrooms. Stephen Picco said he believes Sinclair needs "conditions placed upon him to keep him and to keep the community safe."įriday's proceedings in provincial court largely revolved around the definition of what constitutes "a serious personal injury offence."Ĭrown lawyer Jennifer Colford said breaking and entering into someone's home is an offence that is "likely to inflict severe psychological damage on individuals." In court documents filed last year, the RNC indicated it has reasonable grounds to believe that Sinclair "will commit a serious personal injury offence."Īt a previous hearing on Jan. The police want to put Sinclair under a type of peace bond, which would restrict his movements.
HALIFAX SLEEPWATCHER CODE
Last year, the Royal Newfoundland Constabulary went to court under a section of the Criminal Code related to crimes that haven't happened yet, but which they believe will. The similarity is that entry was gained through an unlocked door,” said Palmeter.A Newfoundland and Labrador provincial court judge will decide next month whether he should toss out the Crown's case seeking a rare type of peace bond against a man once accused of being the Halifax "sleepwatcher."Įllen O'Gorman, the lawyer for Barry Edward Sinclair, has asked for a directed verdict in the matter involving her client. “The other cases were all university women and in this case it was a family dwelling, so this is a little different. Normally it’s difficult to get an accurate description of a suspect when a victim wakes up, but in this case, Palmeter said, the witness was very helpful in providing information.
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He walked into the bedroom of a young woman who shared the house with her parents and sibling. Then on May 1, a man broke into a family residence on Edinburgh Street in Halifax’s west end. “There wasn’t enough information to charge that individual with that offence,” Palmeter said. Last fall, a man who matched the description was arrested minutes after another reported sleep-watching incident. “Until we make an arrest, I don’t think we can say if they’re linked or not,” he said.īetween September 2008 and September 2009, 15 female university students in south-end Halifax reported a man snuck in through an unlocked door or window to watch them sleep. Brian Palmeter said there are some subtle differences - like age and height descriptions - between the two suspects. A sketch released yesterday of a sleepwatcher who woke a young woman earlier this month bears a striking resemblance to a man who watched several university women sleep last year.īut Halifax Regional Police spokesman Const.