Annapolis Valley man to undergo assessment before sentencing for sexual assaults

A judge has granted an Annapolis Valley man’s request that he undergo a comprehensive sexual behaviour assessment before he is sentenced on three counts of sexual assault.

Jakob Mark Fardy, 25, stood trial in Nova Scotia Supreme Court in Kentville on charges of sexually assaulting five women over a four-year period between 2016 and 2020.

Justice Josh Arnold delivered a directed verdict of not guilty on one of the charges this March after that complainant chose not to testify.

Arnold ruled on the remaining charges Aug. 9, finding Fardy guilty on three of the four counts of sexual assault.

The judge said the evidence satisfied him beyond a reasonable doubt that Fardy had intercourse with two of the women without their consent and forced the third to give him oral sex against her will.

Arnold also convicted Fardy of assaulting one of the women he sexually assaulted. He acquitted him on two other assault charges.

Fardy’s sentencing was set for this November in Kentville, but the hearing was adjourned Friday, when the judge held a phone conference.

Defence lawyer Zeb Brown informed the court his client wants a forensic sexual assessment to be completed prior to his sentencing.

“We’ve had an opportunity to give it a lot of thought, and from the defence perspective, we do think that an assessment would be very useful to the court,” Brown said.

“An assessment like this is a valuable sentencing tool. They’re widely used. I think the utility of the assessment is recognized for both Crown and defence. It’s not just a defence tool.”

Crown attorney Rob Kennedy confirmed that the earliest available appointment for an assessment is in February 2024.

Kennedy said he was told that the forensic psychiatrist who performs the assessment should be able to file their report two to three weeks after they meet with Fardy.

Arnold went along with the defence request for the assessment and rescheduled the sentencing hearing for March 25.

“The assessment is going to be helpful to everyone … I assume,” the judge said.

Brown said the defence at this point is waiving its right to claim an unreasonable delay in getting to sentencing. He said that could change if the hearing does not proceed in March.

Fardy, formerly of East Tremont but now living in Hantsport, remains free on a $10,000 bail order with one surety.

He must remain in Nova Scotia, observe a 10 p.m.-5:30 a.m. curfew and is prohibited from having contact with the complainants, possessing or consuming alcohol or drugs, and possessing any weapons.

There are exceptions to the curfew for medical emergencies and for recreational hockey in Middleton on Tuesday nights.

Arnold addressed Fardy at the end of Friday’s phone conference.

“You could hear how hard it is to get these things organized,” the judge said. “It’s a request being made by you and your lawyer. When you get the date, don’t miss it, OK? Because rescheduling it seems like it’s unlikely. Do you understand?”

“I understand,” Fardy replied. “I won’t miss it.”