The Queen Claimant v Seberian Francis Defendant

• Jurisdiction: Caribbean States
• Judge: Cumberbatch, J.
• Judgment Date: 23 March 2017
• Judgment citation (vLex): [2017] ECSC J0323-2
• Docket Number: CRIMINAL CASE NO. SLUCRD2010/1146
• Court: Eastern Caribbean Supreme Court
• Date: 23 March 2017

[2017] ECSC J0323-2

THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT OF JUSTICE

(CRIMINAL)

CRIMINAL CASE NO. SLUCRD2010/1146

Between:

The Queen

Claimant

and

Seberian Francis

Defendant

Appearances:

Mr. Stephen Brette for the Claimant

Mr. Jeannot-Michel Walters for the Defendant

JUDGMENT ON SENTENCING

Cumberbatch, J.

1 The Virtual Complainant and the Defendant lived in close proximity to each other and are cousins. During the month of July 2010 when the Virtual Complainant was 11 years old her mother would send her to the Defendant's home to purchase cinnamon. On one such occasion the Defendant pushed the Virtual Complainant in his bedroom, removed his pants and her underwear and had sex with her. At that time the Defendant was 54 years old.

2 This matter was reported to the police and the Defendant was charged and later indicted by the Director of Public Prosecutions for the offence of Sexual Intercourse with a Minor contrary to Section 126(1) of the Criminal Code 2008. At his trial the Defendant changed his plea to one of guilty.

THE PRE-SENTENCE REPORT

3 The Defendant is a farmer and lived at his aunt's premises. He discloses that for some time he lived in the forest in a shack as a Rastafarian. He has a cordial relationship with his mother and takes care of her.

4 Community residents and family members state that they have no complaints of the Defendant. Some state they were surprised to hear of his involvement in this matter. They consider this act to be out of character for him.

5 I consider the following to be the aggravating and mitigating factors herein.

Aggravating Factors

• 1. The prevalence of this offence,

• 2. The Virtual Complainant was a mere 11 years old,

• 3. The victim was vulnerable because of her age,

• 4. The offence was planned and premeditated,

• 5. The substantial difference in ages of the Defendant and Virtual Complainant,

• 6. The Defendant's breach of trust by the Defendant who is his cousin,

• 7. The psychological effect of this offence on the Virtual Complainant as is evidenced by the victim impact statement in the Pre-Sentence Report.

• 8. The Defendant is not remorseful for what he has done to the Virtual Complainant.

Mitigating Factors

1. The Defendant's guilty plea.

6 I have considered the submissions from counsel on both sides and the facts and circumstances of this case. I find that the aggravating factors outweigh the mitigating ones. Accordingly I find that a sentence of 8 years imprisonment is appropriate.

7 This Defendant committed a most heinous offence. The commission of this offence on his young relative is reprehensible more so for someone of his age. His denial of involvement in this offence is indicative of the fact that he has not taken...