CCJ denies child rapist special leave application

Jun 22, 2023 Court Stories, Features / Columnists, News

Kaieteur News – A special leave application by a convicted child rapist to the Caribbean Court of Justice (CCJ) was on Wednesday denied by the court.

Justice Maureen Rajnauth-Lee

The Justices of the CCJ as well as other staff are currently in Guyana for its second itinerant sitting, since 2014. The first case that was heard is one from Guyana ‘A B v the Director of Public Prosecutions (DPP) Shalimar Ali-Hack, SC’. The judgment was handed down by the Honourable Maureen Rajnauth-Lee.

Notably, before reading out a summary of the judgment, Justice Rajnauth-Lee, explained that the court has anonymize the entire proceedings, in accordance to best practices and in order to protect the complainant. As such, she requested that members of the media refer to the matter as ‘A B v the DPP’, reminding that there is a child involved in the matter.

In this case, the applicant was seeking a special leave to appeal to the CCJ, to review a decision by the Guyana Court of Appeal (COA), which affirmed the imposition of two concurrent life sentences by the trial judge at the Supreme Court. The applicant was charged and convicted with two counts of sexual activity with a child, contrary to the Sexual Offences Act of Guyana.

It was stated that the applicant engaged in sexual penetration with a child, twice in 2016 and once in 2017. During those periods, the child was ages 7 and 8 respectively.

At the conclusion of the trial, the applicant was found guilty of the crime and the trial judge imposed two concurrent life sentences, with the eligibility of parole only after serving 20 years.

Dissatisfied with the ruling, the convicted child rapist approached Guyana’s Appellate Court where he contended that the sentences imposed including the non-eligibility of parole requirements were excessive. However, the COA in its ruling on the appeal affirmed the imposition of the sentences. The convict then filed an application at the CCJ seeking special leave of the COA’s decision.

In his application to the CCJ, the applicant contended that the sentence is manifestly excessive and that the sentencing process of the trial judge was flawed. The applicant also contended that Guyana’s Appellate Court’s failure to review and correct these errors, amounts to a serious miscarriage of justice and justifies the granting of special leave by the CCJ.

“With respect to the sentence, the court noted that life imprisonment was the maximum penalty under the relevant section of the sexual offences act and was available within the range of punishment options available to the sentencing judge, where the sexual activity was sexual penetration,” Justice Rajnauth-Lee said.

She continued: “Additionally what made this case distinct in the severity was the special relationship of trust between the victim survivor and the perpetrator and the young age of the victim survivor…The crime of sexual activity with a minor was perpetrated by an adult in a position of trust; it is therefore fair to say that the choices of concurrent life sentences in this case was neither extraordinary or manifestly excessive.”

Furthermore, the judge said it is also fair to say that the 20-year period of ineligibility for parole is well within range for similar cases. “In those circumstances, the application for special leave is dismissed and each party is ordered to bear their own cost,” Justice Rajnauth-Lee said.

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Caribbean Court of Justice (CCJ), judgment, Justice Maureen Rajnauth-Lee, rapist, Wednesday

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