Ruling looms for rape convict appealing 37-year sentence

Jan 17, 2019 News

A man who is said to be a father of 12 will know his fate on January 29, as the Court of Appeal is set to hand down a ruling in his case. He is appealing two rape convictions as well as the sentences.
In September 2015, Linton Pompey, 53, was convicted by a 12-member mixed jury on two counts of rape of 14-year-old girl. Trial Judge Jo-Ann Barlow later imposed separate sentences for each of the offence. She, however, ordered that the prison terms run consecutively, hence Pompey is currently serving a 37-year-sentence.

Linton Pompey

Yesterday, Chief Justice Roxane George and Justices of Appeal Rishi Persaud and Dawn Gregory commenced hearing arguments in the matter.
Appearing for the Prosecution is Senior State Counsel Natasha Backer.
Arguing on behalf of Pompey was Attorney-at-Law Nigel Hughes who is asking the Court of Appeal to reverse, set aside and/or discharge the decision of the High Court.
The lawyer is arguing that the trial judge failed to adequately put the defence of his client to the jury. The lawyer argued, too, that the sentences were excessive. It is Hughes contention that consecutive sentences are only warranted when there is some level of extreme violence.

However, the Chief Justice, sought to remind Hughes that rape, by itself, is a violent offence.
Meanwhile, Prosecutor Natasha Backer disagreed that the sentences were excessive given the nature of the offence.
Citing a case from the Caribbean Court of Justice (CCJ), Backer said that it was reasoned that consecutive sentences may be given if the offences occurred in unrelated acts.
She explained that in Pompey’s case, he committed the acts on the girl, 14, on different days. She pointed out that a considerable amount of time would have elapsed between the commission of the offences.

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