P.E.I. man loses sexual assault sentence appeal

Thomas Roger Clair taken into custody after dismissal

A P.E.I. man who was convicted of sexual assaulting a woman while she was asleep has lost his sentence appeal.

On Jan. 19, P.E.I. Supreme Court Justice Wayne Cheverie dismissed the appeal for Thomas Roger Clair, 75.

Cheverie explained in court that the sentence imposed by Judge Nancy Orr in June wasn't unfit, unreasonable or excessive.

The facts of the matter are outlined in a written decision filed with the court.

On Feb. 18, 2021, a woman woke up from an afternoon nap in her residence to find Clair lying next to her in bed "spooning" her with his hand touching her breast.

The woman's child was also in the room sleeping in a crib.

Clair and the woman knew each other. Clair was intoxicated at the time. The woman was fully clothed, and Clair was wearing shorts and a shirt.

At first, she thought it was her boyfriend lying next to her.

When she realized that it wasn't her boyfriend, she asked Clair what he was doing and went with her child to a friend's residence to call police. Police received the complaint at around 2 p.m.

Clair pleaded guilty to the sexual assault summary offence in April. A ban is in place preventing the publication of any information that could identify the female victim.

At sentencing on June 11 in provincial court in Charlottetown, Clair's lawyer, Peter Ghiz, argued that a 90-day intermittent sentence was appropriate.

But since intermittent sentences weren't available at that time due to COVID-19, Ghiz requested a conditional sentence or house arrest, for his client.

Given the inappropriate, illegal and criminal behaviour, as well as the impact the incident had on the victim, Orr decided that a conditional sentence wasn't appropriate.

Instead, she sentenced Clair to four months in jail and two months of probation.

Clair filed a sentencing appeal with the Supreme Court a week later on June 18.

Clair was not held in custody during the period of the appeal.

On Nov. 17, an appeal hearing was held before Cheverie. For the appeal, Clair was represented by lawyer Aaron Giddings, and the Crown attorney was Chris White.

With the appeal dismissed on Jan. 19, Clair was taken into custody to serve the fourmonth jail sentence.