Desch

According to reporting from the Toronto Star, before sentencing Frederick Moore for the crime of aggravated sexual assault, Justice Gillian Roberts told his victim, Susan Gilbreath, that lifting the publication ban would be "very unfair" to her attacker. On March 24, 2023, Frederick Moore, then 51, attacked his then partner, Susan Gilbreath, 47. This quote detailing the circumstances of the events is taken verbatim from the judgement, "When Ms. Gilbreath returned to the home she shared with Mr. M. after being away overnight, Mr. M. confronted her about perceived infidelity, and they argued. Mr. M. proceeded to physically and sexually assault Ms. Gilbreath, including threatening to kill her, ripping off the pants of the pink pant suit she was wearing, attempting to penetrate her vagina digitally, removing her tampon and attempting to shove it in her mouth, and attempting to force his hand up her vagina." Moore then chased Gilbreath out of their residence and banged her head against the wall of the elevator. She managed to escape into the lobby, whereupon some bystanders intervened to help her to flee alone in her car. The victim was both physically injured and traumatised by the attack. She had to wait 3.5 years for the sentencing. Moore pleaded guilty to the vicious attack. Prior to this attack, Moore had a criminal record: -2000-02-16 assault cause bodily harm; suspended sentence and 1 year probation -2018-06-08 impaired driving ; $2000 fine & 12 month driving prohibition -2023-01-20 impaired driving; 20 days & 2 year driving prohibition -2023-01-20 assault by choking 17 days & 12 months probation (3 days Pre-Sentence Custody) -Failure to comply undertaking s.145(4); 10 days concurrent & 12 months probation As Justice Gillian Roberts noted in her judgment, "It is also aggravating that Mr. M. has a criminal record for [intimate partner violence] and was on probation in relation to a sentence for choking his former intimate partner at the time of the instant offence." The Crown asked for an 8 year sentence less time served. However, Moore was sentenced to only 3.5 years less time served for his crime, which the judge herself said was, "very low" given the seriousness of the offence and its impact on Gilbreath. I counted about 19 passages in the judgment about Moore’s background and rehabilitation, including supporting testimonials, compared with four passages about Gilbreath’s injuries and the lasting impact on her and her family. Roberts described Moore’s rehabilitation as, "[A]mong the most profound transformations I have seen in over 30 years of work in the criminal justice system," and wrote, "I find that Mr. M. is a changed person." Ultimately the publication ban was lifted. Frederick Moore was released on bail pending appeal.