News release

Suspended Sentence Appealed

Public Prosecution Service

The Nova Scotia Public Prosecution Service will appeal the three- year suspended sentence given to Charles Marlowe Marsman on Aug. 18, by a justice of the Supreme Court of Nova Scotia.

Mr. Marsman pleaded guilty on March 2, 2006 to a charge of aggravated assault against Const. Sean Martin of the Halifax Regional Police. The police officer was beaten unconscious on Feb. 7, 2005 while attempting to arrest Mr. Marsman for illegal possession of liquor.

At a sentencing hearing Aug. 17, 2006, the Crown sought a sentence of three years incarceration.

The Crown is appealing on the following grounds:

  • that the sentence ordered inadequately reflects the objectives of denunciation and deterrence;

  • that the sentence ordered is inadequate considering the nature of the offence.

"Appealing this sentence is appropriate," said Martin Herschorn, director of public prosecutions. "The Crown believes the seriousness of the offence warrants a custodial sentence that sends a strong message this conduct will not be tolerated."