Criminal harassement nets Barrhead man conditional discharge

BARRHEAD - A Barrhead man who pleaded guilty to criminal harassment of two former coworkers received an 18-month conditional discharge and 50 hours of community service.

Justice Carrie-Ann Downey handed Hieth Borle the punishment, accepting a joint submission from the Crown and defence during a Jan. 28 sentencing hearing at Barrhead Court of Justice.

Upon sentencing, the Crown withdrew four other charges, an additional criminal harassment charge and three for sexual assault.

Terms of the conditional discharge include keeping the peace and being of good behaviour, appearing before the court as required, reporting to his probation officer as directed, attending all assessments, treatment and counselling as directed and completing them to the satisfaction of said probation officer. The sentence also included two non-contact orders with the complainants.

As part of his sentence, Borle also received a 10-year weapons prohibition. Downey waived the victim fine surcharge, saying it would be an undue hardship.

Borle pleaded guilty to the charge on April 23, 2024 for repeatedly making repeated sexual contact and comments to her over a period from May 1, 2023 to Dec. 29, 2023, against two female coworkers.

Justice Downey delayed sentencing Borle from the April 23 Barrhead Court of Justice session to Aug. 13, accepting a request from his lawyer, Gary Smith, for a pre-sentencing report.

A pre-sentence report is a document created by a probation officer by order of the court after interviewing the accused and other collateral sources. It helps guide the presiding justice in determining an appropriate sentence.

However, Justice Downey delayed giving her sentence at the August session over concerns that the joint submission was too lenient, asking the Crown and defence to provide additional written arguments defending their position.

Justice Downey summarized Crown prosecutor Matthew's argument, which included Borle's lack of a previous criminal record, his early guilty plea mitigating the need for the two victims to testify, the 10-year weapons prohibition being sufficient to denounce the accused's behaviour and offer protection to the public, and the community service aspect helping instill him with a sense of responsibility.

She added that Kerr stated that Borle's actions were more impulsive rather than intentional.

Justice Downey said the defence referred to the generally favourable pre-sentencing report and asked the court "to be mindful of the facts as they were plead to."

She added that Smith stated in his written argument that Borle should be given full credit for his early guilty plea and asked the court to consider his client's behaviour as "an error in judgment that got out of hand."

Smith also argued that the condition for counselling and treatment will help his client get the mental health support he needs.

"This court has the discretion to reject any submission that it finds too unduly lenient or harsh," Justice Downey said. "I am mindful that rejections should be rare, and courts should be mindful not to interfere with a joint submission unless it puts the administration of justice in disrepute or contrary to public interest ... I cannot say this sentence is so lenient that it would lead the public that the system has broken down, but nothing in my decision should be taken for precedential value."

Barry Kerton, TownandCountryToday.com