Dublanc man’s sentence for indecent assault reduced by ECSC

easterncaribbeansupremecourtThe Eastern Caribbean Supreme Court, sitting in Dominica, has reduced to 3 years, a 4 years and 7 months prison sentence imposed by Justice Errol Thomas in March 2015 on Sullivan Marcelle.

Marcelle,  on  the 19th of  February  2015, pleaded  guilty  to  the  charge  of  indecent  assault.

According to the facts, on the 14th of June 2013,  at Dublanc, he indecently  assaulted a girl who was  nine years and nine months old at the time.

In his decision, Justice Thomas stated that society is utterly fed up with our adult male population who prey on young school children for their sadistic sexual satisfaction. The Judge said that worst of  all, nearly  all  the  time,  the  rape  is  committed  by  someone  the victim  knows.

The judge said he was imposing the sentence of 4 years and 7 months based on a nominal sentence of 7  years and after crediting the prisoner with 1/3 reduction on that sentence. Time on remand must be credited as part of the sentence.

However, Marcelle’s lawyer Geoffrey Letang, argued that the Judge wrongly took into account the social inquiry report. He said Thomas placed too much reliance on the report and failed to properly apply the mitigating factors. He also said that the Judge failed to compare regional cases in his sentence.

State attorney in the office of the Director of Public Prosecutions (DPP), Fernillia Felix, countered that the sentence was “not excessive” and the court took into consideration the actions of the appellant, the prevalence of the cases in Dominica and the social inquiry report.

In handing down its decision, the court said that while sexual offences are high, the case was “not the worst case of indecent assault” and the Judge should have looked at that and taken it into consideration when sentencing.

The ECSC Justices said Justice Thomas had done everything else correct and so if he had taken that into consideration, he would have further reduced the sentence.

They then reduced the sentence to 3 years in jail.

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21 Comments

  1. are you kidding me?
    November 12, 2015

    Oh, I see, it was “not the worst case of indecent assault”? The victim was 9 years and 9 months old at the time, tell me what exactly needed to happen to this child for this to be bad enough? You are reducing the sentence
    of a convicted rapist so he can be back on the streets sooner, raping other little girls? ECSC Justices, whoever you are and Geoffrey Letang, you should be ashamed of yourself.

  2. mine
    November 11, 2015

    I’am wondering if this lawyer has a daughter. If this child was this lawyers if he would agree for a lesser time .You all must stop this child molesters hurting people’s children with less time behind bars. Give the the max and they will stop.

  3. November 11, 2015

    Eh ben weh Dominican what next with your laws

  4. November 11, 2015

    It is sad to see the amount of children thAt are molested in Dominica. I think, one of the reason is the fault of the cable company. I am living in the states, and have not seen any porn on tv. Yet one can watch pornography on tv in Dominica. So what do you expect .

  5. November 11, 2015

    Again it’s a world of evil being called good and good called evil…
    Let’s not forget the ONE who knows it all said so…As it was in the days of Noah so will it be as the age of time comes to a close…Likewise as it was in the days of Sodom and Gomorrah so will it be as the age of time comes to a close…Combine the activities of the two together and it’s real madness going on…
    Come LORD…Come soon…

  6. The Real Facts
    November 10, 2015

    ECSC is a huge disappointment. Imagine decreasing the sentence of this man who assaulted a nine year old child. Can one imagine that so-called sensible legal people would do something like that? Surely they know what effect this had on the innocent child. Are they not aware of the mark this will have on her to adulthood? She will never get over it. Shame on them!
    One day those involved in this inconsiderate decision, reckless too, will pay for it. God heard and sees. You want to bet you are not in his good books for one of his little children were assaulted by a grown man and you decreased his sentence?
    As for me, I would send this man to life in prison without parole.
    Patience fellow D/cans. This sex maniac will get exactly what he deserves in time. You may hear more about him. He is fortunate he is in Dominica. If he were in prison in Canada, he would be isolated for his life’s sake. Otherwise, :twisted: :twisted: : :twisted: :twisted:

  7. Dominica massive
    November 10, 2015

    Sorry ECSC

  8. Dominica massive
    November 10, 2015

    It seems to me the ESCS is manipulating the system .Justice Thomas gave the man a reasonable sentence.What about the young girl and how is she going to move on in life?What kind of compensation is there for her?The systems causing more crimes in the place.It hurts and men needs to control their action and leave the innocent children alone.

  9. End of time
    November 10, 2015

    Hope the perps are taking note of the names of those lawyers to teach a lesson to them through their children/grand children. What goes around comes around.

  10. PASAWED
    November 10, 2015

    So at the next level even enviole can say no law no constitution? They should castrate those child molesters same way they should chop of those bobolist hands but the courts will not allow that to happen.

  11. Anonymous
    November 10, 2015

    Seriously! ECSC, “not the worst case” – Lord have mercy on us all.

  12. MIA
    November 10, 2015

    That is crazy, send him to the US and we will deal with him there.

  13. LuClu
    November 10, 2015

    Are they for real??? ‘In handing down its decision, the court said that while sexual offences are high, the case was “not the worst case of indecent assault”’ Seriously? So we reduce the sentence he comes out and he rapes her….what next??? We need to make example of these animals, stealing our young children’s childhood. So now precedent has been set….I can do something that’s ‘not a worst case’ scenario and I can get a slap on the wrist, while the poor victim is traumatized. Nah the ECSC has to come better than that our children’s lives are at stake.

  14. Not a herd follower
    November 10, 2015

    What message is the ECSC sending about the sexual molestation of children?

  15. November 10, 2015

    Maximum is seven years, indecent assault on a 9 year old girl. The perp gets 4 years much less than the 7 years. The appeal Court further reduces the sentence to three years… May I ask what the xxxx is happening :!: :!: :!: :!: :!: :!:

  16. Sensible
    November 10, 2015

    I think the Judicial system is encouraging RAPE and MURDER in our society.

  17. My Conference Room
    November 10, 2015

    Those pedophiles should go after those same lawyers children. Let me see what would happen.

  18. AMAZING
    November 10, 2015

    After the first 5 sentences I cant read anymore. Why on God earth should a lawyer try to seek happiness for pedophiles. It is so sickening. Men having sex with children or even touching those kids inappropriately should rotten in jail. That’s how I see it!.

  19. concerned youth
    November 10, 2015

    Really,Really, shame on you people encouraging these wicked animals who continue to abuse our young children. you are the ones to seek justice for them and you keep failing them, don’t you all have children. it’s not the worst case but someone’s child was violated her innocence was taken away i say it’s a shame and disgrace on the ECSC. one day just one day justice will be served.

  20. Dora
    November 10, 2015

    Now this is something to get angry about, what does regional cases have to do with the lifetime damage this man has done to the child& he has admitted to it so I would say the full 7 years was well deserved

    • The Real Facts
      November 10, 2015

      Yes! What has regional cases have to do with this case? I am also angry with this lawyer. Some lawyer.
      This is Dominica. The assault on the child occurred in Dominica. Regional cases should never have been mentioned. I find it silly to mention it at all.

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