Nova ScotiaA Cape Breton, N.S., couple who sexually assaulted a young girl in their care have been in court five times since their conviction earlier this year and still have not been sentenced.Says charter rights were not breached by delay due to mistrial, sets sentencing for next monthTom Ayers · CBC News · Posted: Sep 29, 2025 4:11 PM EDT | Last Updated: 2 hours agoOn Monday, Daryl and Shelley Digout made their fifth court appearance in Port Hawkesbury, N.S., since their conviction for sexual assault and sexual interference involving a young girl. (Tom Ayers/CBC)After several procedural delays, a provincial court judge has dismissed an appeal by a Cape Breton, N.S., couple who sexually assaulted a young girl in their care, saying their right to trial in a timely manner has not been breached.Daryl and Shelley Digout were found guilty in February of sexual assault and sexual interference involving a girl who was about nine years old when she began staying over for Bible studies at the couple’s home in rural Barra Head, Richmond County.The girl told court that during one of her stays, Daryl Digout placed his hands on her chest and prayed for larger breasts to help her have babies.She also said when she was 11 or 12, the Digouts enticed her to join them in sex.The couple did not present any evidence and denied the charges, but Judge Paul Scovil convicted them, saying he had no trouble believing the girl.Just before sentencing in May, the couple indicated they would appeal based on their right to trial in a timely manner. Charter right claimedAccording to the Jordan ruling from the Supreme Court of Canada, a provincial court trial should end within 18 months of charges being laid. Anything beyond that violates an accused’s Charter right to a trial within a reasonable time.However, there are exceptions, such as when delays are caused by the defence.The Digouts’ first trial in October 2024 ended early after Judge Laurel Halfpenny MacQuarrie discovered a conflict of interest with one of the witnesses and declared a mistrial.The retrial began a little over two months later, in January 2025, ending in February with convictions, nearly three months after the Jordan deadline.The Digouts, who did not have a lawyer and were self-represented, were also both found guilty of failing to appear at an RCMP station for fingerprinting after charges were laid. Police reported the couple missing and they were found nearly a month later.Crown asking for 7-year sentencesThe Digouts were due to be sentenced in May. At the time, the Crown prosecutor was calling for each to serve seven years in prison.Scovil told the couple they would likely be going to jail and advised them to consider getting a lawyer to help with the Jordan appeal — known as an 11B application, named after that section of the Canadian Charter of Rights and Freedoms — and sentencing.At court hearings later in May and June, the Digouts claimed to have difficulty getting legal aid.In July, the couple made contact with legal aid and Scovil set firm deadlines for the appeal and sentencing, expecting it all would conclude Sept. 29.Judge dismisses appealOn Monday, Scovil said according to legal precedents, mistrials do not reset the 18-month clock, but retrials do have to be held within a reasonable time frame.He dismissed the couple’s Jordan application, saying even though their trial had concluded a little over 21 months after charges were laid, the retrial was held in a reasonable time.Scovil was ready to sentence the Digouts, but their legal aid lawyer, Danielle Arseneau, said she had only been authorized to prepare for the Jordan application, not sentencing.The Digouts indicated they wished to apply for legal aid again and Scovil agreed to a delay at the defence’s request, setting sentencing for Oct. 16.MORE TOP STORIESABOUT THE AUTHORTom Ayers has been a reporter and editor for 39 years. He has spent the last 21 covering Cape Breton and Nova Scotia stories. You can reach him at tom.ayers@cbc.ca.
Judge dismisses appeal of Cape Breton couple convicted of sex crimes against young girl
