{"id":297108,"date":"2023-01-13T07:00:19","date_gmt":"2023-01-13T11:00:19","guid":{"rendered":"https:\/\/dominicanewsonline.com\/news\/?p=297108"},"modified":"2023-01-18T21:04:35","modified_gmt":"2023-01-19T01:04:35","slug":"salisbury-man-sentenced-to-11-years-in-prison-for-buggery-of-a-minor","status":"publish","type":"post","link":"https:\/\/dominicanewsonline.com\/news\/homepage\/salisbury-man-sentenced-to-11-years-in-prison-for-buggery-of-a-minor\/","title":{"rendered":"Salisbury man sentenced to 11 years in prison for buggery of a minor"},"content":{"rendered":"
\"\"
Shamiguel James<\/figcaption><\/figure>\n

A 26-year-old Salisbury man has been slapped with a prison sentence of 11 years 9 months and 20 days, following his conviction of buggery of a minor boy.<\/p>\n

Shamiguel James, who was found guilty on June 22, 2022, by a jury, appeared before Justice\u00a0 Wynante\u00a0Adrien-Roberts\u00a0on\u00a0January\u00a012,\u00a02023,\u00a0for\u00a0sentencing.<\/p>\n

The fact so the case is that, on July 24, 2016, at Salisbury, James who was 19 years old at the time had sexual intercourse per anus with a then 12-year-old boy.<\/p>\n

The evidence of the case revealed that at about 3:00 PM, on the aforementioned date, the victim was on the Salisbury playing field playing football with his friends when the ball was kicked into the bushes at the edge of the field.<\/p>\n

The child went to retrieve it and whilst doing so, his friends left the field for water. During his search for the ball, he saw James who asked him to pull down his pants, and he then began having anal sex with the 12-year-old boy.<\/p>\n

The evidence from the court further stated, after the incident, blood was seen on the victim\u2019s pants and his anus had a lesion at six o’clock which the medical doctor said would have been caused by a blunt object, possibly an erect penis.<\/p>\n

At the court hearing, Justice Adrien-Roberts told the court, pursuant to legislative provisions, the defendant is liable to a minimum custodial sentence of 16 years, eight months, and a maximum of 25 years.<\/p>\n

In constructing her sentence, the judge explained she must embark on a computation exercise applying the procedures proposed in the sentencing guidelines for sexual offences issued in November 2021 and guided by the well-established sentencing principles, these being retribution, deterrence, prevention, and rehabilitation.<\/p>\n

The guidelines propose a six-step process for computing the sentence.<\/p>\n

In the first step, the court is required to establish a starting point by assessing the seriousness of the offence, which includes reference to the culpability of the offender, and consequences of the offense by reference to the harm caused. There are four stages within this first step.<\/p>\n

In the first stage, the court is to consider the evidence of the consequence of harm caused by the offense.<\/p>\n

Justice Adrien-Roberts averred, the virtual complainant suffered both physical and psychological harm as in his evidence, the victim stated that the sexual act committed against him was painful which left him feeling “bad and shame.”<\/p>\n

After the sexual abuse, he said he was in shock and disclosed to a welfare officer that since the incident, he has been severely bullied at school, by family members and members of his community. He has lost trust in people and plans to relocate from his community.<\/p>\n

The virtual complainants said further that his social life has been enormously affected, as he does not feel comfortable socializing, and it is difficult for females to want a relationship with him even in adulthood.<\/p>\n

He asserted that the attack has troubled his mind and today he is angry and believes he is capable of bringing harm to James if he has the opportunity to do so.<\/p>\n

The victim\u2019s mother in her interview with the welfare officer states that her son did not excel in school because he was constantly being bullied and was not allowed to go anywhere except for the playing field.<\/p>\n

The court categorized the harm suffered by the defendant as falling within category two high signifying serious psychological and physical harm.<\/p>\n

The second stage of step one was to consider the seriousness of the offense by assessing the culpability of the offender which the judge said fell within level A, high.<\/p>\n

In this regard, the court, therefore, established a starting point of 10 years, with a range between six years and 14 years, adjusted for the aggravating and mitigating factors of the offense.<\/p>\n

The court did not identify any aggravating factors of the offense. However, one mitigating factor, which the court considered pertinent was that no violence was used.<\/p>\n

For this reason, the sentence was adjusted downwards and therefore stood at nine years and six months.<\/p>\n

The second step of the process requires the court to adjust the figure for the aggravating and mitigating factors affecting the offender.<\/p>\n

With regard to the aggravating factors, Judge Adrien-Roberts pointed out that the defendant continues to proclaim his innocence and has not expressed any remorse for his actions.<\/p>\n

She posited that he appears to be unperturbed by the damage that he has caused to the life of the virtual complainant and the psychological harm that will remain with the victim until his memory serves him.<\/p>\n

Additionally, she added, James\u2019s conviction sheet from the Commonwealth of Dominica Police Force shows one relevant conviction in another offense.<\/p>\n

For these aggravating factors, the sentence was adjusted upwards by three years. The sentence stood at 12 years and six months.<\/p>\n

Steps three and four require the court to adjust the figure for a guilty plea and assess the totality of sentencing for more than one offense. However, this was not applicable in this case.<\/p>\n

At step five, the figure was adjusted to give credit for time spent on remand for the offense.<\/p>\n

The defendant who was remanded into custody for 246 days was given full credit which reduced his sentence to 11 years, nine months 20 days.<\/p>\n

“Mr. Shamiguel James, you have been found guilty by a jury of the offense of buggery…contrary to Section 16:1 (a) of the Sexual Offences Act. For this, I sentence you to 11 years and nine months imprisonment.”<\/p>\n

James was represented by the Legal AID Clinic while the prosecution\u2019s case was led by State attorney Daina Matthew assisted by Marie Louise Pierre-Louis.<\/p>\n

James\u2019s sentencing was the final matter for Justice Adrien-Roberts within this jurisdiction as she has since been transferred to St. Lucia as of September 2022.<\/p>\n","protected":false},"excerpt":{"rendered":"A 26-year-old Salisbury man has been slapped with a prison sentence of 11 years 9 months and 20 days, following his conviction of buggery of a minor boy. 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