David Sparks pleads guilty to breaching Lyle Howe publication ban
David Winslow Sparks has pleaded guilty to breaching a publication ban related to the victim in the Lyle Howe sexual assault case.
The 62-year-old Dartmouth man was charged in September after police alleged he posted the name of a sexual assault victim on social media.
The identity of the victim was protected by a publication ban after a sexual assault charge was filed against Howe, a defence lawyer.
Laura McCarthy — Sparks's lawyer and Howe's wife — said Monday she's waiting to see whether the judge will make an example of her client.
"One of the things that has to be considered in every sentencing is general deterrence, deterring the public. Given the circumstances of today, with recent publication bans that have been throughout the media, is he to be made an example of?" she said.
"Or is it a situation where it would be inappropriate to make an example of him because you're supposed to sentence the individual. It's really hard to say given the climate of today's media and the attention toward publication ban breaches."
McCarthy pointed to publication bans that have been media stories lately, including the case of Rehtaeh Parsons. The abused teenager's name was the subject of a publication ban in a child pornography case, but Nova Scotia's Public Prosecution Service was recently instructed not to prosecute anyone who publishes her name.
"I can't say that they're the same situation but I know the topic has been live before the media and it's been a very live topic," she said.
"It may have an impact in the judge's decision on what sentence should be imposed but at this point, I can't say."
Sparks will be sentenced on March 17 in Dartmouth court at 9:30 a.m.
Howe was sentenced to three years in prison in July and is appealing that conviction. That appeal is also expected to begin in March.
