Carl Robert Maloney will have to spend the rest of his life in jail for the brutal rape of an 80-year-old woman back in 2011.
Earlier this week, the Court of Appeal, led by Chief Justice Sir Marston Gibson, dismissed Maloney’s appeal of the 2012 sentence handed down to him by Justice Margaret Reifer.
Justices Sandra Mason and Kaye Goodridge also comprised the panel with Sir Marston, which heard the matter on March 30 this year.
At that time, Maloney’s attorney Rita Evans conceded that the crime was “an atrocious one”.
However, she contended that the sentence of life imprisonment was too harsh and suggested that a 25-year jail term was more appropriate for her client, who had pleaded guilty to the charge of rape and had expressed remorse for his actions.
Appearing on behalf of the Crown, Donna Babb-Agard, QC, argued that a life sentence was neither imposed “lightly” nor “frequently”, adding that when it occurs, the circumstances leading to it must be carefully examined.
Babb-Agard referred to the seriousness of the offence and submitted that a sentence of 25 years would neither be in the interest of justice nor the vulnerable elderly.
Based on the facts presented in the case, Maloney’s elderly victim had suffered a stroke six years before the incident and could only move around with the assistance of a walker.
On the night of September 3, 2011, the 80-year-old woman, who was a pastor and a virgin, secured her home as best as she could and went to bed around 8 p.m.
Early the following morning, she was awoken by the sound of her front door opening before she saw a shadow in her bedroom and soon after a naked man jumped on top of her.
As she tried to fight him off, the woman screamed for help and begged for mercy. However, she was overpowered by Maloney who raped her both vaginally and anally.
He also told her: “I does do this to old people. . . . I was watching you . . . . I love you.”
The victim fell into an unconscious state during the ordeal, but reported the matter to police after she regained consciousness.
When police arrived at Maloney’s home to investigate the matter, he told them: “I know that wunna did coming for me, I know that it ‘bout the old woman ‘cause I rape she.”
Asked why he had committed the offence, Maloney replied: “I did want some sex . . . I rape one old lady before you know.”
Maloney had been convicted and sentenced for raping a 65-year-old woman in 2009.
While describing the events as “distasteful and shocking”, the trial judge said she considered that the offence was serious and violent, and deserving of a long custodial sentence.
Justice Reifer took into consideration when sentencing the fact that Maloney had quickly admitted to the offence, cooperated fully with the police and pleaded guilty at the earliest opportunity.
Howebver, she felt that Maloney, who was 36 years old at the time, posed a real threat to society; therefore sentencing him to life in prison was one way of protecting society from him.