Canada
Lawyers seek more time for man who raped beaten woman

JAMES TURNER | QMI AGENCY

WINNIPEG -- The Crown and defence are miles apart in what constitutes a fit prison term for a young man who watched as a woman was swarmed, pummelled unconscious and robbed in a park, then returned to rape her.

Prosecutors want Gilbert Johnny Moise, 21, serve more than six years in prison for a major sexual assault he inflicted on the victim on Sept. 11, 2010 -- an attack which stopped after police caught Moise in the act.

Calling the attack "horrific," Crown attorney Craig Savage told Judge Catherine Carlson Moise knew the victim, 34, was unable to defend herself.

"He was well aware of her condition when he returned," said Savage. "This is not the type of crime you can just brush off."

According to a pre-sentencing report, Moise said he saw the victim prior to the attack and found her sexually attractive, Savage said.

Moise spoke with her briefly prior to the mugging, stole smokes from her purse as she was robbed, then returned to sexually attack her.

He has been in custody since the date of the assault. If Carlson approves the Crown's request, he'll have four more years to serve.

Defence lawyer Tara Walker requested Moise serve only eight additional months, keeping him out of the federal prison system and allowing Carlson to impose supervised probation to help alleviate the danger he poses to the public.

Locking Moise up in prison only to see him released unconditionally won't help keep his risk-trigggering substance abuse issues in check, Walker said.

Carlson reserved her decision.

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