Sentencing delayed for Cape Breton couple found guilty of sex crimes involving preteen

Sentencing has been delayed for a Cape Breton couple found guilty of sex crimes involving a young girl.

The day before their sentencing hearing Wednesday, Richmond County residents Daryl and Shelley Digout indicated they wanted to appeal their conviction. They have been given three weeks to consult a lawyer.

They were charged in 2023 with sexual assault, sexual interference and sexual exploitation. In February, Judge Paul Scovil found the couple guilty on all counts in Port Hawkesbury provincial court.

The two were also found guilty of failing to appear at the RCMP detachment for fingerprinting after the charges were laid.

Court was told the girl, whose identity is subject to a publication ban, was groomed for sex starting when she was nine or 10 years old.

The couple did not present any evidence in court and denied the charges, but Scovil said he had no trouble believing the girl.

7-year sentences requested

On Wednesday, Crown attorney Constance MacIsaac said the prosecution is recommending the couple go to prison for seven years.

The Digouts, who have been self-represented throughout their trial, raised the possibility of a Charter challenge under the right to trial in a reasonable time.

Scovil strongly urged them to get a lawyer, noting that a "fairly significant" sentence and a Charter challenge involve intricate legal issues.

"Both of those are things that you would be well advised to seek counsel about," he said.

Judge recommends fairness

MacIsaac expressed concern that the Digouts have repeatedly declined legal advice and were making their appeal at the last minute. She also noted there were family members of the victim in attendance.

However, Scovil pointed out that the prosecution's sentencing brief was only filed the day before the hearing.

The judge said he was mindful of the fact the victim's family was looking for a resolution, but it would be fair to grant the Digouts three weeks to apply for legal aid. Scovil said he was concerned that not doing so could provide grounds for an appeal.

The Digouts are not in custody, but are due back in court May 27 for a status update.

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