The man who admitted he “visited evil” on his stepdaughter when he buggered her more than 20 years ago was given a starting sentence of 18 years when he appeared in the No. 5A Supreme Court yesterday.
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“It cannot be denied that the now convicted man, in this case, embarked on a course of action against the complainant that was systematic, degrading and humiliating,” Justice Christopher Birch said.
“He not only failed in his duty as a parent to provide safety and security, but he deliberately set out to seek gratification for his own desires regardless of her feelings or the damage he caused.”
However, after deductions, the man will spend just over six and a half years in prison.
The culprit, who cannot be named for the protection of the girl, had pleaded guilty to buggering here between June 1 and 30, 2001. The girl was subjected to anal, vaginal, digital and other forms of penetration, the court heard.
He was represented by attorney Desmond Sands, while Principal State Counsel Romario Straker and State Counsel Rommel Sandiford prosecuted the matter.
“The aggravating factors are very disturbing, given the circumstances in which the virtual complainant found herself at the literal mercy of the man,” Justice Birch noted.
He said he had considered the facts of the matter and the submissions from both counsel.
The judge pointed to the familial relationship between the two, saying the girl “had the right to be protected by him, not from him”.
“He carried out his actions over an extended period. I can find no mitigation circumstances in the offence,” he declared.
As a result, Justice Birch said he had determined that 18 years was the appropriate starting sentence.
He noted the man had expressed remorse “for what he described as the evil he had visited on the complainant, acknowledging that she had not deserved it.
Inner turmoil
“He went on to say, ‘As a matter of fact, no one deserves that kind of evil being visited on them’. He indicated he was experiencing inner turmoil and childhood trauma, and indicated that in a subsequent contact with the complainant she indicated she had offered a measure of forgiveness,” the judge said.
He added the man had also not sought “to minimise or excuse his actions”.
The judge further pointed to his hitherto clean record, the contents of his pre-sentencing report and the evidence of character witnesses.
As a result, he deducted two years for the mitigating features and one-third for the guilty plea.
He also deducted 1 275 days for the delay in the matter, as well as the 158 days the man spent on remand.
Justice Birch then ordered him to serve the remaining 2 460 days or approximately six years, seven months in prison. (HLE)
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