The defendant, Frank Joseph Laurent, was originally charged with rape and indecent assault. On 25th January 2023, following a trial with a jury, during which the complainant and the defendant both testified, the defendant was acquitted of rape but convicted of indecent assault.
The Facts
The defendant and the complainant were neighbours ,residing in Sineku, in the parish of St .David. On 18th September 2018, the complainant was home alone. She took a bath. Afterwards, she heard her dog barking. She wrapped herself in a towel, wearing only panties, and looked out a window. She saw the defendant standing outside her house. She went to the door, and the defendant asked her if her mother had any dasheen for sale. When the complainant replied that she was not sure, the defendant pulled the door open, entered the house, and pushed the complainant on to the bed. She tried to get up, but he pushed her down. He pulled at her bath towel, while she tried to hold it in place. He had his hand on her chest, such that she could not breathe properly.
The defendant touched her breasts, her bottom, and her vagina. The incident lasted for three to four minutes, following which, the defendant left and returned to his residence. Afterwards, the complainant felt sad and depressed. She told her boyfriend, with whom she was living at the time, when he got home from work. She went with her boyfriend to her mother’s home on 22nd September 2018, and told her mother what had happened. She reported it to the police on 23rd September 2018.
The defendant was arrested on 4th October 2018. Under police caution, he admitted that he had gone to the complainant’s house to enquire about dasheen, but he denied entering her home, and he denied the allegations. The defendant was born on 5th October 1953. On the day of the incident, the defendant was age 64,and the complainant was age 18. They had known each other for about two to three years.
SENTENCING
Having established a starting point of 27 months, the court must consider aggravating and mitigating factors of the offence, and adjust the number upwards or down wards as necessary, taking care not to double-count factors considered in stages 1 and 2. In this case, the court can find no relevant factors not already noted above, and the sentence remains at 27 months.
The court must next consider aggravating and mitigating factors pertaining to the offender, and adjust the figure within that range. In this case, the court can find no aggravating factors. In mitigation, the court notes the defendant’s good character. He has no previous criminal record. Good character is, however, a less relevant consideration for serious offences with aggravating factors, of which this case is one. The defendant pushed his way into the young complainant’s home while she was alone, and touched her in an inappropriate and sexual manner. The behaviour was reprehensible, and the complainant continues to suffer from the emotional affects. The good character be consideration will there fore serve to only reduce the sentence by1month,to 26 months. No credit is available to the defendant for a guilty plea, as this was a conviction after trial .However, the defendant must receive credit for time spent on remand. The defendant testified that he spent a total of 5 days in custody before being released on bail. Since his remand in to custody following his conviction, he has served a further 59 days. The defendant will therefore receive credit in the amount of 2 months. This reduces the sentence to 24 months. For all of these reasons, the defendant, Frank Joseph Laurent, is hereby sentenced to a period of 26 months for the crime of indecent assault. Taking into account the time he has served on remand, and giving him full credit for that, the sentence imposed is reduced to 24 months, as of today’s date. https://www.eccourts.org/the-state-v-frank-joseph-laurent/
12days.Thedefendantwillthereforereceivecreditintheamountof2months.Thisreducesthesentenceto24months.[33]Forallofthesereasons,thedefendant,FrankJosephLaurent,isherebysentencedtoaperiodof26monthsforthecrimeofindecentassault.Takingintoaccountthetimehehasservedonremand,andgivinghimfullcreditforthat,thesentenceimposedisreducedto24months,asoftoday’sdate