Sask. Court of Appeal. (980 CJME)

By Nigel Maxwell

Court proceedings

Court of Appeal triples sentence for P.A. sexual assault case

Mar 21, 2023 | 2:00 PM

A man who, at the end of a trial at Prince Albert Provincial Court, received a six-month jail sentence for sexual assault, has had his sentence more than tripled.

The Crown appealed Wade Merasty’s original sentence, and in a written decision from the Saskatchewan Court of Appeal, the sentence has been extended to 20 months.

Following his release from custody, Merasty will be on probation for a year and must comply with the national sex offender registry for 20 years (double what the trial judge ordered).

The case dates back to a house party in Prince Albert on June 30, 2019, where alcohol and drugs were consumed.

In the early hours of that day, the victim texted a friend for a ride home, but she learned that it would be some time before she would be picked up.

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Merasty suggested to her she should sleep in a downstairs bedroom and upon waking, she found Merasty on top of her, and kissing her.

She also realized her pants and underwear were pulled down to her ankles, and Merasty was attempting sexual intercourse. The woman immediately shoved Merasty off and when she told him no, Merasty complied.

The woman then went upstairs and told a friend what had happened, but Merasty, who had followed close behind, instead claimed the woman overreacted.

At the trial, the Crown submitted that this was a major sexual assault because Merasty had attempted non‑consensual intercourse with a sleeping woman who trusted him enough to sleep in the same room as him.

Merasty in turn submitted that this was not a major sexual assault, largely because no penetration had occurred. He also noted that he had no prior criminal record and various Gladue factors were present that reduced his moral culpability.

Upon delivering the original sentence, the judge noted the fact that no penetration occurred and explained the offence could not be characterized as a major sexual assault because there was no violence, no force and no threat of any kind present.

He

ounter.

In the Court of Appeal decision, written by Justice Robert W. Leurer, it was agreed the offence did not warrant a minimum three-year sentence, but explained the original judge lost sight of the fact that it was still a very serious offence.

“It was an offence against a sleeping, helpless victim with personal circumstances that Parliament has described as making her vulnerable, thus mandating a primary emphasis on deterrence and denunciation when constructing a fit sentence,” Leurer said, adding it was also a violent crime which caused serious emotional and psychological harm to the complainant.

“The gravity of this was compounded by Mr. Merasty’s insistence that he had done nothing wrong and that she was either lying or exaggerating. While he did not engage in any additional violence, and while he did not persist after she resisted, these factors only serve to prevent the circumstances from being even worse than they were,” Leurer explained.

Two other justices concurred with Leurer’s written reasons.

Merasty, who at one time also tried to appeal his conviction but was unsuccessful, has been on judicial interim release pending the hearing of his appeal. He is required to report immediately to a correctional facility.

nigel.maxwell@pattisonmedia.com

On Twitter: @nigelmaxwell