Latest update February 10th, 2025 7:48 AM
CCJ reduces 37 years jail sentence for Guyanese convicted of rape
The Caribbean Court of Justice (CCJ) has reduced the 37 years jail sentence for Linton Pompey, a Guyanese convicted of rape.
According to the facts of the case, Pompey, a 54-year- old father of 12 was charged with three counts of sexual crimes. His victim at the time of the offence was a 14-year-old girl. The first offence was for fondling the breasts and the other two offences were for rape.
Rape Convict: Linton Pompey
He inserted his penis into the girl’s vagina between June 1 and June 13, 2011 and January 10, 2012, respectively. He also fondled the girl’s breast between May 1 and May 21, 2011.
The latter two incidents occurred at the home of the child’s grandmother where she had gone to play with her cousin. On the occasion of the second rape, Pompey was spotted in the act by a family member.
Following his trial, High Court Judge Jo-Ann Barlow imposed separate sentences for each of the offences. The trial judge had ordered him to serve prison sentences of 5, 15 and 17 years respectively. The judge had ordered that the prison terms run consecutively, hence the sentence amounted to 37 years.
In affirming the convictions, Chief Justice Roxane George and Justices of Appeal Rishi Persaud and Dawn Gregory, said that the convictions can be supported by the evidence adduced by the prosecution during the trial. Pompey’s Attorney-at-Law, Nigel Hughes, had asked the Court of Appeal to reverse, set aside and/or discharge the decision of the High Court.
The lawyer had argued that the trial judge failed to adequately put the defence of his client to the jury. Given the ruling of the Appeal Court, Pompey moved to CCJ in protest of the 37 years jail sentence. There, Hughes in his representation of Pompey further contended that the jail sentence was too excessive. The lawyer also challenged his client’s conviction. However, the Trinidad-based Appellate Court only allowed the appeal in part. A seven-member panel of judges heard Hughes on the point of the excessive penalty imposed on Pompey alone.
All seven judges of the CCJ led by President Justice Adrian Saunders unanimously agreed that the cumulative 37 years sentence given to Pompey was excessive. The CCJ judges were divided, however, on how far to reduce the time Pompey should actually serve. While two judges would have reduced Pompey’s overall sentence to nine years, the other members of the bench agreed not to interfere with the trial judge’s imposition of 17 years for his second rape of the girl and to have the other two sentences run concurrently with the 17 years sentence.
The ruling was delivered by Justice Saunders who reaffirmed that Pompey will serve jail terms on three counts of rape concurrently instead of consecutively.
“Having regard to the opinions expressed, the Court orders that: (i) The appeal is allowed, in part, against the sentence passed by the Trial Judge; (ii) The sentences of 5 years for the sexual assault conviction and 15 years and 17 years for the rape convictions are affirmed; (iii) The sentences are ordered to run concurrently,” Saunders said in the ruling.
For all the reasons stated in the judgment Saunders agreed that the imposition of the cumulative sentence of 37 years by the trial judge and upheld by the Court of Appeal is excessive and cannot be allowed to stand.
“I also agree that the appellant should serve the sentences imposed on him by the trial judge concurrently and not consecutively. I wish to express my deep appreciation to Counsel on both sides; Mr Hughes for his clear and able arguments, and to Mrs Ali Hack SC, the Director of Public Prosecutions, for her passion for the law and dedication to the people of Guyana,” he added.
Similar Articles
THE BLUNT OF THE DAY
Sports
Features/Columnists
Forward to the past
Peeping Tom… Kaieteur News-Guyana’s debt profile, both foreign and domestic, has become a focal point of economic... more
OAS Secretary General Election and renewed OAS Consensus
Antiguan Barbudan Ambassador to the United States, Sir Ronald Sanders By Sir Ronald Sanders Kaieteur News- The upcoming election... more
Weekend Cartoon
