The crimes committed five years ago by a violent “sexual predator,” Kinchar Lavone Mascoll, should attract two concurrent life sentences and he ought to serve a minimum period of 40 years in prison before being eligible for release, the Crown has submitted.
But attorney, Michael Lashley QC, put forward a starting sentence of 15 years in prison for Mascoll, 43, of Drax Hall Jump, St George, given the information contained in his psychiatric, psychological and presentencing reports.
Mascoll, alias Rhino or Monkey Man, had admitted to raping a 15-year-old girl on December 1, 2015 and a 43-year-old woman two weeks later, on December 17.
Addressing the No. 2 Supreme Court, the convicted rapist apologized for his actions.
“I am very sorry for what was done to these people,” said Mascoll. “I asking, forgive me for what I have done. I asking sir for leniency from people that I trouble, I am very sorry for hurting them, hurting their family, hurting mines, and hurting wunna. I asking for help cause I come up hard . . . and I am very sorry for what I have done.”
But Senior Crown Counsel Olivia Davis said the prosecution was “very concerned” about the public’s safety with Mascoll at large.
“He is to be considered a sexual predator and a danger to society in general and women in particular,” Davis said of the convict who has several previous convictions including indecent assault of two females; two assaults with intent to rape and a rape conviction for which he spent 15 years in prison.
She said “what is very troubling” about Mascoll’s case was that he was discharged from prison on October 15, 2015 before the offences were committed.
The Crown prosecutor said: “There was no remorse up until today when he addressed the court in relation to these matters. There is no appreciation for the impact of his action on his victims. It is not clear that he has appreciated the gravity of the offences.
“It is clear that he does not view his acts as rape but rather as sex. There is a high level of violence exhibited in both matters.”
Davis pointed to evidence produced in reports submitted to the court presided over by Justice Randall Worrell. She submitted that Mascoll has a serious drug addiction, a schizophrenia diagnosis and a propensity for violence against women.
“He can be considered a perpetual danger to society. There is no clear evidence that Mascoll was under the influence of drugs at the time of the incidents and his criminal history shows a propensity for sexual violence and violence generally in particular against women,” she added.
Davis said that in the St Philip offence involving the minor – who was violated vaginally and anally – she was held in a chokehold until unconscious and stabbed. The prosecutor said the victim who was a virgin before the incident has now become suicidal.
“Her life has been derailed,” Davis said.
In the St George offence, Davis said, that there were two incidents of rape and one of buggery. She explained, that Mascoll ran after the victim, grabbed her by the neck and struck her in the forehead with a bottle. The victim, Davis added, begged him not to kill her during the ordeal. The woman suffered cuts to the chin and head after which medical assistance was rendered and a period of recovery necessary.
The Crown Counsel said: “Both incidents have an element of him lying in wait for the victims. In both of these incidents there were high levels of violence against both victims who were taking public transportation and walking on public roads in the day time hours.
“Citizens must feel must be able to feel safe doing such and sending their children to take the bus to and from school.”
Lashley who represented Mascoll along with attorneys Simon Clarke and Sade Harris put forward aggravating and mitigating factors of the cases and the offender and said mitigating in the convict’s favour was that he cooperated with police, gave a voluntary statement and pleaded guilty to the crimes.
But the senior attorney said he was “troubled” by some of the information garnered on the convict.
“It seems to me that even from childhood, it seems that his life was grip with trauma and despair. From the age of 11 it (the presentencing report) seems to suggest that he was exposed to mind altering substances,” Lashley said pointing out that Mascoll was before the judicial system from an early age and seemed not to have gotten any help.
He said the reports in the court’s possession should assist in coming to a “just sentence” in the case. But a rehabilitative component and necessary treatment should be attached to any sentence imposed, he said.
The Queen’s Counsel also submitted that the High Court judge to take into account the time Mascoll has spent on remand, his guilty plea, his expression of remorse as well as the mental health and social reports complied on him when considering its sentence.
Mascoll’s case is set to come up again before Justice Worrell on October 29.