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Remaining charges against South Scott’s Bay man recently sentenced for sexual assault dismissed

The Kentville law courts. - File
The Kentville law courts. - File

KENTVILLE, NS - Remaining charges against a South Scott’s Bay man who was sentenced recently in Supreme Court for sexual assault and other offences have been dismissed.

Cody Allan James MacInnis, 26, was not present in Supreme Court in Kentville on May 10 when Crown Jim Fyfe offered no evidence on two remaining charges against MacInnis: sexual touching involving a person under age 16 and threatening to use a weapon, a knife, in committing an assault. Judge Gregory Warner dismissed the charges.

MacInnis had pleaded not guilty to these counts and to charges of sexual assault, assault and uttering a death threat in May 2017. In August of 2017, MacInnis re-elected trial by Supreme Court judge and jury. A preliminary inquiry was held later that month and MacInnis was committed to Supreme Court on all five counts.

In December 2017, MacInnis changed his pleas to guilty to the sexual assault, assault and uttering a death threat charges. The matters were adjourned to allow time for a pre-sentence report to be prepared and for sentencing. MacInnis committed the offences between Jan. 13 and Dec. 15, 2016.

MacInnis was present in Kentville Supreme Court - in custody on a due-course-of-law remand -on April 27. Warner accepted a joint sentencing recommendation from Fyfe and defence lawyer Peter Mancini. MacInnis was sentenced to 1,279 days in custody, less a credit of 574 days for time spent remanded in custody. This left 705 days for MacInnis to serve.

The court imposed a lifetime Sex Offender Information Registration Act (SOIRA) order against MacInnis, granted a DNA order and imposed a lifetime firearm prohibition against him.

The court also granted an order under Section 161 of the Criminal Code preventing MacInnis from attending any place where children under the age of 16 are present or could reasonably be expected to be present with one exception for an event involving his children.

MacInnis is not to be within 100 m of any dwelling house where the victim ordinarily resides or any other place specified in the order. The identity of the victim is protected by a publication ban.

MacInnis is not to seek, obtain or continue any employment, whether or not the employment is remunerated, and is not to volunteer in a capacity that involves being in a position of trust or authority towards people under the age of 16.

MacInnis is not to have any contact, including communication by any means, with a person under the age of 16 unless that person is his child or if MacInnis is under the immediate supervision of another adult.

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