Sean Pinard, 36, has been sentenced to three years and four months by Justice Errol Thomas after he pleaded guilty to indecently assaulting his cousin in Roseau, who was at that time fifteen years and 6 months old at the time.
Pinard was charged under Section 13 (1) b of the Sexual offences Act and the maximum penalty is seven years in jail.
Reports are that he met the victim in Roseau and he tried to remove her clothes and fondled her breast.
In mitigation his lawyer, Peter Alleyne, told the court that while the evidence against Pinard was strong and that he “man handled’ the victim, and it happened in the middle of Roseau, he did not take her in any secluded spot.
“We ask that the prisoner not be given a custodial sentence, instead be placed on probation for some time,” he said.
He stated that the actions of Pinard was due to “cocaine” and he was merely trying to give the victim some guidance since her father had not played any role in her life.
“His intentions were not to have sex with her…is just that it went much to far in his actions and behaviour,” Alleyne stated.
A Social Inquiry report stated that the child and her mother wants Pinard to be given “a lengthy prison sentence” for his actions. It further stated that the victim is traumatized and having nightmares of the incident two years after it took place.
Pinard, the report stated, is not remorseful and seems not to understand the gravity of his actions.
Before sentencing, Justice Thomas again spoke about the large amount of sexual matters in Dominica saying that it is a major area of crime and Dominica should not allow it to escalate.
“Once you plead guilty you have accepted the prosecutions case against you,” he told Pinard. “You need to take full charge of your actions.”
He also gave the sentencing guidelines as enunciated in a Court of Appeal decision in Desmond Baptiste v The Queen by the Chief Justice Byron. He also called on the media to be fair and accurate in reporting and if not sure, seek guidance from prosecution and defense counsel.
He also frowned on Alleyne’s comments for a “non custodial sentence.”
“Asking for a non custodial sentence is sending the wrong signal to the Dominican public,” Thomas said. “Sexual offences is rampant in Dominica and it must be punished with a custodial sentence.”
The maximum sentence for such offense is seven years and having removed the required one third because of his guilty plea, Pinard was given three years and four months behind bars.
Well well dominicans like myself we need to get back to our books,a man who wants to give guidance to a girl must fundle her breast ,this is how is should be now,where are we heading to ,that lawyer needs his butt kicked out for life,,,he is encouraging rape and has no valuable excuse to save his clients life from jail,he is a money grabber,a dirty lawyer ,,for Gods sake lost after this man is jailed ,throw the keys in the sea ,,easy …if this dirty …..had no respect for his cousin he will not respect any one else out there,erase him from society..enough is enough…
How could Alleyne have thought or vocalise this thing about giving the young lady guidance? I HAD TO LAUGH THAT ONE!
Dominica is pregnant with jokes!
Is the Lawyer for real? Does stating that the crime happened ‘in Roseau and not in a secluded spot’, make it less severe or real?
Dominica is quickly proving itself to be a cesspool of sexual deviants. It is quite embarrassing for many Dominicans in the outside world to acknowledge their land of birth, as the media reports are wide-read and Global. Yet, addressing the actual perpetrators of these crimes should only be the beginning. Prosecuting those who hide these wretched crimes or protect pedophiles in exchange for money is vital. When a mother allows her thirteen years old daughter to sleep with a forty seven years old bus driver for three hundred dollars, that bus driver IS a pedophile and the mother is a CRIMINAL PIMP! Community awareness, “if you see something say something” should be in the forefront of this campaign to rid Dominica of the horrific scourge of immoral and deplorable sexual behaviors!!!
Those lawyers not afraid of God? How can you defend a piece of nonsense like that and tell people he was trying to give guidance? The man on cocaine; what guidance was he giving? And how ridiculous to say ‘he did not take her to a secluded spot’. So I guess if you get raped in the middle of Roseau it does not count! What a waste of higher education!
Right in Roseau? In the street? This man is mad and really under the influence of cocaine.
Some of you want these drugs decriminalized? If they are, there will be more vicious crimes and such as these.
What an embarrassment and to his cousin. He has no respect for her.
His stupid excuse and that of his lawyer make no sense.
I would give him 35 years, no less.
Mr. Alleyne, would you justify a man’s action if he went to river stone and commited this horrific act I don’t think soo. Use judgment as an attorney. Those words should never escape you lips
Upon conviction of these sexual predators the media and the law enforcement should publish the photographs of these
no good sons of guns; let everybody see their sorry faces where ever they go.
Better yet castrate them; do you remember Cyrille Goodwill back in the 1960’s he was taken to the hospital and castrated
For those types of acts. But in the mean time expose their PICTURES for the world to see them.
What on earth is wrong with these men ? This sentence does NOT encourage anyone to report these crimes. It’s bad enough when a stranger that you trust do this but family???? They should be protecting you – not violate & a use you!! Come on Judges impose the sentence that fit the crime!! Let the victims know that it’s worth reporting these vile acts against minors!!!
The land of demons,no justice a lawless.
Common Alleyne…I know you are trying to represent your client but does this sound right to you “He stated that the actions of Pinard was due to “cocaine” and he was merely trying to give the victim some guidance since her father had not played any role in her life.” He wanted to give his cousin some guidance by fondling her breast? Look nonsense in this Dominica…Lord help this land.
My thoughts exactly. What kind of guidance is that?
The use of cocaine as mitigation for such an offence, any offence come to think of it! That is no excuse but makes it worse in my humble opinion. Oh well, Dominica is Alice’s Wonderland.
Hahaha. “Your father gave you no guidance, so while under the influence of cocaine, I will fondle your breast to enlighten you and keep you on the straight and narrow”. He needs 35 years just like the other one last week.
Excuse me if I appear to be making light of this. But some of the excuses that are put forward by the defence do strike me funny. I guess we have to remember they have a job to do and it is probably the best they can come up with.
This case does differ from the past two cases that have come under scrutiny. It would not be reasonable to expect the same sentence as the previous one.
I will repeat something I have said in the past several times. The offender had used cocaine. It is not clear if this was crack cocaine which I suspect is the worse form of the drug. But cocaine messes up the brain and alters the personality as well as lowering inhibitions in the short term. This is no excuse for the crime. It is one more reason why the war on drugs must be pushed forward.
Marijuana is a ”gateway” drug. Many (if not most) cocaine users began by using marijuana.
Sincerely, Rev. Donald Hill. International Evangelist.
I know I am not suppose to think his way so please forgive me. But this foolishness has got me laughing!
I do hope the sentence the Justice handed down was not influenced by the excuses offered by the defence. No! It was not. Justice Thomas knows better.
I am just wondering if Mr. Pinard was charged for his possession and use of cocaine. If the drug was a reason he committed the crime as Defence Lawyer Peter Alleyne said we would expect him to be charged for this.
Sincerely, Rev. Donald Hill. International Evangelist