A.N. (Name withheld because of the court order) was convicted of Indecent Assault by a Jury on the 6th of June 2023.
Section 13 (1) (a) of the Sexual Offences Act provides that a person found guilty of indecent assault is liable to imprisonment for ten years if the offense is committed upon a person under the age of 14 years of age.
The V.C. was 10 years and 364 days old on the date of the commission of the
offense, on the 24th. September 2016, for which A.N. was found guilty by the Jury.
She turned 11 years of age the next day.
THE SOCIAL INQUIRY REPORT (“S.I.R”)
It is established that A.N. is a person of good character who has no prior criminal
record. The State and the Defence in their submissions, and the S.I.R. all attest to
this. The authors of the S.I.R. interviewed various persons for the purpose of the S.I.R..
The V.C. herself states that “…she would not like A.N. to be incarcerated given that
he has a wife and daughter to fend for.”
The Mother of the V.C. stated: “…, she stated that her hope is that A.N. be fined
for the offense, so that he can return to the free world to work and provide for his
family”.
The Pastor of the Church attended by A.N. and his family states:
“He described A.N. as a friendly and responsible individual who works, well and the incident came as a surprise to the entire church…. He further states:
“On the matter of sentencing that it is left to the Honourable Court.
However, he highlighted that A.N. is the primary breadwinner for his
immediate family in Dominica as well as his extended family in Haiti.”6
The wife of A.N. is reported as stating: “…given her state of health, she is unable
to lift heavy weight hence she is unemployed… [she] expressed that A.N. would
be considered for a non-custodial sentence. She noted that if A.N. is sentenced to
serve time in prison, she and her daughter will suffer in Dominica as well as his
dependents in Haiti given that she has no alternative to provide for the family.”8
I have considered the aggravating and mitigating factors of the offense, of which,
as the State submits, there are none.
I have considered the aggravating and mitigating factors of the offender and I
agree with the State that there are no aggravating factors, but the good character
is a mitigating factor.
I have considered the impact of the offense on the V.C. I have taken into account
the fact that the prisoner had no prior criminal record and, on the basis of that, and
what is contained in the S.I.R., and the State’s admission, I find that he is a man of
good character.
I have considered the level of seriousness of the offense, and the consequences
of the offense.
In the exercise of that discretion, this Court shall, in lieu of the prescribed imprisonment, impose a fine in the sum of E.C.$ 6000.00 to be paid within 12 months of the date that this judgment is handed down, failing which A.N. will serve 6 months in prison.
Given the aforesaid, it is this Court’s judgment that in this particular case, Justice
will best be served if A.N. is given an opportunity at redemption.
It is my considered view that the Justice of the case warrants an order that no conviction
be entered against A.N. He has his second chance in life. There will be no other.
IT IS HEREBY ORDERED THAT:
i. A.N. pays a fine of E.C.$6000.00 within 12 months of the date on
which this judgment is delivered, failing which he will serve 6
months in prison.
ii. No conviction be entered against A.N.