The worker sexually assaulted a co-worker at a private residence in 2020
On May 22, Nicholas Nolan Roche Hurley was sentenced to two years imprisonment for sexually assaulting a co-worker on Dec. 14, 2020.
In his appeal, Hurley claimed Challenger had failed to consider his mental health disorders—listed as ADHD and "related social and learning issues"— diminished his moral culpability, and had failed to give weight to Hurley’s own childhood abuse as a mitigating circumstance. Justice Ronald Skolrood, in a decision handed down in North Vancouver on July 12, and concurred by two other justices, wrote Challenger had considered Hurley’s mental condition, and consequently rejected that it had contributed to a misunderstanding of the "clearly communicated" lack of consent.
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