by Fernella Wedderburn
Classifying convicted rapist Michael Omar Kirton as a “danger to society” Principal Crown Counsel Krystal Delaney today suggested that he gets no less than a starting sentence of 25 years in prison.
However, Kirton, alias Spills of Silver Sands, Christ Church, told Madam Justice Pamela Beckles he believes his sentence should start at 18 years in jail.
Last year Kirton pleaded guilty to entering a woman’s house on September 24, 2016 with intent to rape and having sexual intercourse with her without her consent while armed with a pair of scissors.
The facts of the case, read by the prosecutor, revealed that the intruder sat on the edge of the woman’s bed as she slept, lit a spliff and when she awoke asked the whereabouts of the man of the house before assaulting her.
The rapist continued his conversation with the woman before raping her a second time and as he left her residence he instructed her to close the door behind him.
Stating that the maximum sentence for such an offence was life in prison, the prosecutor pointed to the aggravating features of the case including the fact that Kirton did not use protection and exposed the victim to unwanted pregnancy and STDs and the fact that he forced sexual intercourse with the victim twice while in possession of a scissors which was placed on a nearby nightstand.
The injuries she suffered to her privates was another aggravating factor.
The principal crown counsel also pointed to the impact that the incident has had on the victim who was “traumatised” and now experiences “panic attacks” among other things. “Four years after the attack she is still suffering from the effects. There are no mitigating factors to the offence,” Delaney stated.
Aggravating to Kirton as an offender, Delaney said, was his criminal record made up of 12 convictions – eight of which are for burglary, one for loitering and one for wounding as well as the probation report which showed him being at a high risk of re-offending.
“It is my submission that the convicted man . . . is a danger to society,” Delaney added, pointing to aspects of the probation and psychological reports to support her charge.
The prosecutor acknowledged that Kirton had expressed remorse, was regretful for what he had done and the embarrassment he had caused his family. She said that he cooperated with police during investigations, had pleaded guilty at the first opportunity and as such is entitled to the one third discount for that plea and be credited for the time he had spent on remand.
Kirton also previously pleaded guilty to entering an apartment in Christ Church and robbing Sloveig Grindalen of two cellular phones worth $3,400 and $150 cash between July 9 and 10, 2015. He also admitted stealing a cellular phone worth $750, a pair of glasses and two credit cards belonging to Torunn Bjornson at the same time. He had two knives when he committed the offences against the Norwegian visitors.
For that offence the prosecutor suggested a starting sentence of 12 years.
However, Kirton disagreed with the sentencing submissions of the prosecutor.
“Something she say is true and some isn’t but I am not here to put no stress on the issue because I did plead guilty. My belief is that I know that it is a very serious offence. I believe I should have a lesser sentence . . . I come here with the intention to say 12 but the way the prosecutor [going] it not looking so to me . . . but I say 18,” Kirton stated in his submissions.
He returns before Justice Beckles on December 3 for sentencing.