Appeal judges fix minimum term for man who raped and killed teenager

The Court of Appeal today ordered that a convicted rapist previously sentenced to a sentence of life in prison, must serve at least 30 years before being considered for release.

In affirming the life sentence and affixing the minimum period of incarceration, the court said the terms associated with life sentences should not be followed “to the letter in a robotic fashion”. Instead, judges should fashion sentences to suit each case.

This was the guideline provided by the Court of Appeal today in the case of manslayer Ryan Antonio Oneal Bullen who admitted raping and killing 14-year-old Kalifa Downes in April of 2007.

The victim, a former Lodge School student, was found dead on April 20, 2007 near Pine pasture at the back of Pine Hill Dairy in St Michael, a short distance from her Lower Burney, St Michael residence.

Downes’ father had reported her missing on April 18, 2007 and after her body was found, there were no leads or arrests made for six years. It was the girl’s sim card, which Bullen took and placed in his phone after the killing, which led police to him.

Bullen, who is now in his forties, said he met the girl through a track in the Pine and raped her while threatening her with a knife. There was a struggle that resulted in Downes being stabbed and then Bullen moved her body to another area.

The Crown accepted a plea of manslaughter on December 12, 2017 and Justice Jacqueline Cornelius sentenced Bullen to life in prison.

In response, Bullen’s legal team filed a single ground of appeal suggesting that the trial judge failed to specify a minimum term of years before which the appellant should be reviewed with a view to his release.

Bullen relied heavily on the Caribbean Court of Justice decision in Renaldo Alleyne v The Queen 2019 where it stated that where a life sentence is imposed, the sentence should specify a minimum term before the issue of his release should be considered. The appeal judges also considered the case of Charles Matthew Fredericks v The Queen 2019 before coming to today’s decision.

Stressing the need “to protect society from persons who may be considered dangerous”, the court noted that Bullen had 24 convictions – 14 robberies, two for rape and one for unlawful sexual intercourse. He is also serving two sentences of 19 and a half years for rape imposed by Justice Randall Worrell in March 2014.

“We consider the appellant, having regard to his antecedents and the extremely disturbing facts of this case to be a dangerous individual with the propensity to commit violent crimes and sexual crimes against women,” Justice of Appeal Rejendra Narine said. The court determined that he must serve a minimum term of 30 years before he is considered for release.

The court which also comprised Justices Francis Belle and Margaret Reifer recommended guidelines for minimum terms to be served where a life sentence is imposed.

“We do not suggest that they are to be followed to the letter in a robotic fashion and expect individual courts to fashion their sentences to suit the particular factual matrix before them,” Justice Narine said.

The appeal was allowed but the life sentence was affirmed with the minimum 30-year jail term. The life sentence will run consecutive to the term of imprisonment now being served by Bullen.

Appearing on behalf of the Crown was Senior Crown Counsel Oliver Thomas while attorney Marlon Gordon represented Bullen. (TS)