Sentencing phase begins in indecent assault case

After an uncle pleaded guilty to indecently assaulting his five-year-old niece on four occasions, State Counsel Eleazar Williams argued that the man should face consecutive rather than concurrent sentences for the offences.

Making his submission before Justice Pamela Beckles in the No. 5 Supreme Court, the prosecutor pointed out that with five years being the maximum for the offence, when the various deductions are taken into account, the man would only serve 24 months in prison.

Earlier this year, the convicted man pleaded guilty to assaulting the child between January 1 and June 22, 2019. He was 26 at the time.

Pointing to the impact the acts have had on the child, Williams outlined that the child now suffers from nightmares, has lost interest in school and other activities and has begun telling lies frequently.

Williams stated that in being in a position of trust, the uncle manipulated the child by telling her that if she told anyone what was happening, it would mean that she did not love him and noted that the assaults took place in the child’s home where she should have felt “safe and protected”.

In addition, the prosecutor argued that there was a need to protect children from the sex offender, highlighting the report of the psychologist that recommended that the man either have no access to small children or only supervised access. The report also found no evidence that the man, who had no previous convictions, suffered from any mental illness.

In his submission, attorney Kyle Walkes argued that the court should use a starting point of two years, noting that there had been no weapons use, threats or physical violence and that the complainant was not injured. Walkes said his client’s lack of a criminal record, his expression of remorse, his low risk of reoffending and his below-average functioning should be considered mitigating factors.

The hearing was adjourned to July 18 for sentencing.