Winnipeg Free Press - ONLINE EDITION

Terminally ill rapist given 3 more months in prison

  • Print

A convicted rapist who is dying of cancer and pleaded for immediate release from jail will have to spend three more months behind bars.

Amuri Musaka, 40, had begged a Manitoba judge for mercy last week, saying he wanted to go home to spend his final days with his wife and five young children.

But Queen’s Bench Justice Lori Spivak ruled today that Musaka’s crime calls out for a longer penalty than the 22 months of time he’s already spent in custody. She gave him enhanced time-and-a-half credit of 33 months for his time served, saying he’s clearly had it more difficult than other inmates given his terminal illness. And then she tacked on three more months, bringing it to a three-year total sentence – at least on paper.

The Crown had requested a three-year sentence, saying it was the traditional "starting point" for major sexual assaults. But they asked that Musaka only be given single-time credit for pre-trial custody, which would have required an additional 14 months.

"I'm asking you to have mercy on me. I'm scared to die in a place where I'm not with my kids or wife," Musaka said last week during his sentencing hearing.

Musaka was found guilty earlier this year of a July 2012 sexual assault that left his 32-year-old victim suffering from physical and emotional pain that continues to this day.

Since the attack, Musaka has been diagnosed with cancer of the liver that has spread to his lungs. He may have only six months to live, court was told. Several medical reports that confirm his terminal illness were filed with the court.

"This is an exceptional case and you can give a sentence which deviates from the norm," defence lawyer Mike Cook had argued last week. "These are extremely unique circumstances."

Cook said today he will be filing an appeal of Spivak’s sentence, and apply to have Musaka released on bail pending appeal as early as next week.

Musaka came to Canada in 2006 from the Democratic Republic of the Congo and had no criminal record prior to the attack.

Prosecutor Tim Chudy read an emotional victim-impact statement in court from the woman Musaka attacked. She was dating Musaka's friend at the time, and the crime occurred during an evening of socializing. She continues to undergo counselling for post-traumatic stress disorder and also contracted a sexually transmitted disease from Musaka.

"I was in shock, total disbelief that it happened. I felt contaminated," she wrote in her statement.

Chudy called the crime an "outrageous" offence that requires stiff punishment, even considering Musaka's terminal illness.

www.mikeoncrime.com

History

Updated on Friday, April 11, 2014 at 5:07 PM CDT: Corrects typo.

Fact Check

Fact Check

Have you found an error, or know of something we’ve missed in one of our stories?
Please use the form below and let us know.

* Required
  • Please post the headline of the story or the title of the video with the error.

  • Please post exactly what was wrong with the story.

  • Please indicate your source for the correct information.

  • Yes

    No

  • This will only be used to contact you if we have a question about your submission, it will not be used to identify you or be published.

  • Cancel

Having problems with the form?

Contact Us Directly
  • Print

You can comment on most stories on winnipegfreepress.com. You can also agree or disagree with other comments. All you need to do is be a Winnipeg Free Press print or e-edition subscriber to join the conversation and give your feedback.

You can comment on most stories on winnipegfreepress.com. You can also agree or disagree with other comments. All you need to do is be a Winnipeg Free Press print or e-edition subscriber to join the conversation and give your feedback.

Have Your Say

New to commenting? Check out our Frequently Asked Questions.

Have Your Say

Comments are open to Winnipeg Free Press print or e-edition subscribers only. why?

Have Your Say

Comments are open to Winnipeg Free Press Subscribers only. why?

The Winnipeg Free Press does not necessarily endorse any of the views posted. By submitting your comment, you agree to our Terms and Conditions. These terms were revised effective April 16, 2010.

letters

Make text: Larger | Smaller

LATEST VIDEO

Key of Bart - I Just Want A Race

View more like this

Photo Store Gallery

  • JOE BRYKSA/WINNIPEG FREE PRESS Local-(Standup photo)- A wood duck swims through the water with fall refections in Kildonan Park Thursday afternoon.
  • Marc Gallant/Winnipeg Free Press. Local- Peregrine Falcon Recovery Project. Baby peregrine falcons. 21 days old. Three baby falcons. Born on ledge on roof of Radisson hotel on Portage Avenue. Project Coordinator Tracy Maconachie said that these are third generation falcons to call the hotel home. Maconachie banded the legs of the birds for future identification as seen on this adult bird swooping just metres above. June 16, 2004.

View More Gallery Photos

Poll

Does Canada need a national inquiry into the disproportionately high number of missing and murdered aboriginal women?

View Results

View Related Story

Ads by Google