The man convicted of the sexual assault that occurred on the Hunters Bay trail in November was sentenced on Monday during an emotional court hearing that saw the publication ban protecting him lifted.

In Huntsville court, Justice George Beatty sentenced Steven Edward David Yearley, 18, to serve a total of five years and nine months in a federal institution. The judge took into account prison time Yearley has already served since his arrest, meaning a final sentencing of four years and seven-and-a-half months from now.  

Yearley pleaded guilty to three offences committed on Nov. 13, 2007, including sexual assault causing bodily harm, robbery and threatening. These offences occurred while he was still a young offender. Arrested on his birthday, Nov. 15, Yearley subsequently escaped police custody in Bracebridge only to be re-arrested Nov. 19.

For offences committed following his escape, he pleaded guilty to possession of 2.5 grams of marijuana, escaping custody and five counts of break and enter with the intention of committing an indictable offense. For these crimes, he was tried as an adult.

The sentencing breaks down to 30 days for marijuana possession and five years for the sexual assault, uttering a death threat and robbery. Yearley also received nine months for committing the five break-and-enters and escaping lawful custody.

Beatty ordered that Yearley not only serve time in a federal institution, but that he be placed on a sex offenders list for 20 years, that he refrain from weapon use for 10 years and that he provide a DNA sample.

From the court house, Yearley was immediately transferred to Central North Corrections Centre in Penetanguishene to begin serving time. He will be held here until his transfer to Millhaven Institution, from which he will be moved to a federal institution shortly after.

While he handed over the sentencing after agreeing with a joint submission from both provincial  crown attorney Lyndsay Jeanes and defence lawyer Peter Ward, Beatty attributed his verdict to many factors. These included the fact that the assault was an “aggravating” incident and that Yearley never gave the victim a “sincere apology” and resisted treatment and counselling.

During Monday’s trial, court heard submissions from three federal institution representatives as well as statements from Yearley and his mother, Karen Ann. Speaking in a monotone voice, this was the first time Yearley opted to address the court in response to the brutal attack he committed over eight months ago.

Yearley stated that at first he wanted to serve his sentence in a youth centre, as he views the “provincial system as a joke.” He noted that serving his sentence in a federal institution was the best option for him.

“I’m not nervous,” he said. “I’m calm about it and I feel level-headed.”

Yearley went on to say he now views counselling as a way he can deal with his actions. Previous statements had made by his lawyer on his behalf indicating Yearley had a lack of faith in counselling.

“I’d love to say I’m sorry and take it all away but I can’t,” he said. “I want to stand up and take my punishment.”

Before he took the stand to give his statement, Yearley’s mother also addressed the court, stating that she is “appalled” at what her son did and noting that she doesn’t condone his actions.

She said that she believed he would benefit from serving time in an environment that is structured.

“Counselling is something he needs,” she admitted. “To know what he did and how it affects other people may benefit him . . . . He needs to be put into a place where he is held accountable for what he has done. He has alcohol and drug abuse issues (that need) to be dealt with. I think he should be up at 6 a.m. doing dishes or doing something.”

On behalf of the victim, Jeanes said that no sentence could give her back what she has lost.