A judge has ruled the man once suspected of being the notorious Halifax “sleepwatcher” will not have to obey a rare peace bond in St. John’s sought by police who fear the convicted burglar will reoffend.
Barry Sinclair was acquitted of charges related to a man who allegedly broke into homes to watch women sleep but was sentenced to five years for a separate break-in.
He moved to St. John’s after serving that sentence, where he has been under intense police surveillance over the last 15 months.
The Royal Newfoundland Constabulary went to provincial court asking for a peace bond against Sinclair to avoid what police argued is potential for an imminent personal injury offence.
READ MORE: Newfoundland police issue public advisory for Barry Sinclair a.k.a. the ‘Sleepwatcher’
Judge Mike Madden said Tuesday Sinclair has a lengthy criminal record but has not had a sexual assault conviction since the 1980s. Sinclair was convicted in 1984 for indecent exposure and in 1987 for sexual assault.
He was also caught in 2007 peeking at a child in a Halifax bathroom and, while incarcerated, at female corrections staff in bathrooms. Other convictions in the 2000s included theft and criminal harassment.
Still, Madden said he must assess if the Crown objectively established that Sinclair poses an imminent risk of committing a personal injury offence.
Madden said the last break-in for which Sinclair was convicted was not voyeuristic on the facts.
The judge cited the latest parole reports, describing them as “cautiously positive.” He also said Sinclair obeyed restrictive bail conditions – including surveillance and police visits – over the last year.
READ MORE: So-called ‘Sleepwatcher’ will not be living in Halifax after conditional release
Sinclair completed federal sex offender and community programming, Madden said.
“In other words, they were satisfied that the respondent could end his participation in sex offender programs provided nothing new arose.”
“The issue is not whether the respondent is sexually well adjusted,” Madden stressed.
The legal matter, the judge said, was whether the Crown established that Sinclair is an imminent personal injury threat.
Madden ruled that it did not.
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