R v YZ - Sentence Judgment

¶ 250207 R v YZ: Ind. 88 of 2023. Coram Richards J, KC – Sentence Judgment Page 1 of 16 IN THE GRAND COURT OF THE CAYMAN ISLANDS 1 CRIMINAL DIVISION 2 3 Neutral Citation Number: [2025] CIGC (Crim) 7 4 INDICTMENT NO: 88 of 2023 5 6 7 8 R 9 10 V. 11 12 YZ 13 14 15 16 Appearances: Mrs. Nicole Petit, Senior Crown Counsel, Office of the Director of Public 17 Prosecutions for the Prosecution 18 19 Mr. Oliver Grimwood of Samson Law for the Defence 20 21 22 23 Before: The Hon. Justice Cheryll Richards KC 24 25 Submissions Heard: 17th January 2025 26 27 Sentence Judgment: 7th February 2025 28 29 30 31 32 Criminal Law - Rape, Indecent Assault - Sentencing, Application of the Cayman Islands Sentencing 33 Guidelines. Determining Level of Harm 34 35 36 37 38 250207 R v YZ: Ind. 88 of 2023. Coram Richards J, KC – Sentence Judgment Page 2 of 16 SENTENCE JUDGMENT 1 2 PREAMBLE 3 4

¶ [1] Pursuant to s.12 of the Youth Justice Act (2021 Revision) and s.31 of the Criminal Procedure 5 Code (2021 Revision), this judgment has been anonymised to protect the identity of the victim. 6 It is ordered that there be no reporting which would lead to the identification of the victim in this 7 case. 8 9 INTRODUCTION 10 11

¶ [2] The defendant is before the Court for sentencing following his conviction after trial for three 12 offences of Rape contrary to s.127 (1) of the Penal Code (2022 Revision) and two offences of 13 Indecent Assault contrary to s.132 (1) of the Penal Code (2022 Revision). 14 15

¶ [3] The particulars of the first Count are that he between the 4th day of March 2022 and 30th day 16 of April 2022 at …, Grand Cayman, Cayman Islands had unlawful sexual intercourse with [X], 17 who at the time of the intercourse did not consent to it. 18 19

¶ [4] The particulars of the second Count are that he between the 1st day of June 2022 and the 31st 20 day of July 2022 at …, Grand Cayman, Cayman Islands had unlawful sexual intercourse with 21 [X], who at the time of the intercourse did not consent to it. 22 23

¶ [5] The particulars of the third Count are that he between the 1st day of September 2022 and the 24 6th day of September 2022 at …, Grand Cayman, Cayman Islands had unlawful sexual intercourse 25 with [X], who at the time of the intercourse did not consent to it. 26 27

¶ [6] The particulars of the fourth Count are that he between the 1st day of March 2022 and the 30th 28 day of June 2022, within the jurisdiction of the Cayman Islands indecently assaulted [X]. 29 30 250207 R v YZ: Ind. 88 of 2023. Coram Richards J, KC – Sentence Judgment Page 3 of 16

¶ [7] The particulars of the fifth Count are that he between the 1st day of March 2022 and the 30th 1 day of June 2022, on an occasion other than that in Count 4 within the jurisdiction of the Cayman 2 Islands indecently assaulted [X]. 3 4

¶ [8] The maximum penalty for the offence of Rape is life imprisonment and for Indecent Assault it is 5 10 years imprisonment. 6 7 FACTUAL SUMMARY 8 9

¶ [9] When the victim was about 11 years old her mother entered into a relationship with the defendant. 10 The victim and her mother resided in an apartment in an area of Grand Cayman. The defendant 11 resided nearby. The victim’s evidence at trial is that the defendant began “acting shady”. At first, 12 he rubbed the top of her thighs when she was a passenger in his car being taken by him to the 13 school bus in the mornings. Then after a couple of months he started coming into her room when 14 she was sleeping. This was on occasions when her mother was away from home and continued 15 happening over a period of time. 16 17

¶ [10] The victim said that when she was sleeping he put his hand over her mouth and told her not to 18 say anything. She kicked and screamed and he would turn up the television in her room. He had 19 sexual intercourse with her and would do this until her mother came home. After her mother came 20 home, he would stop. She would curl up into a ball, pull the sheet around her and punch the wall. 21 22

¶ [11] The offending came to light when after a physical fight with her mother, the victim was removed 23 from her mother’s home and care. Shortly thereafter the victim reported the matter to her 24 counselor. 25 26 VICTIM IMPACT REPORT 27 28

¶ [12] The Department of Community Rehabilitation (“DCR”) has provided a Victim Impact Report 29 (“VIR”) dated 21st October 2024. 30 31 250207 R v YZ: Ind. 88 of 2023. Coram Richards J, KC – Sentence Judgment Page 4 of 16

¶ [13] The victim is now about 14 years old. Information was obtained in writing and orally from her, 1 but it is said that due to the challenges that she has experienced since the Court hearing including 2 two hospital admissions it was not possible to obtain more detailed information. 3 4

¶ [14] The victim’s view is that the offence has impacted her in that “it has: 5 6 i. destroyed her. 7 ii. caused her to live in a “horrible state”. 8 iii. made (her) feel unclean and unworthy. 9 iv. caused her to have nightmares and thoughts that affect her during the day. 10 v. led to Post Traumatic Stress Disorder (PTSD).” 11 12

¶ [15] The victim also stated that the offence has been “breaking (her) down bit by bit”, as she is cutting 13 herself and has “all the angry (sic) in (her) bubbling up.” 14 15

¶ [16] The VIR attached two detailed reports from a Child Psychologist Dr. Sophia Chandler Alleyne 16 and the Operations Manager of the facility in which the victim is cared for. The Probation Officer 17 summarises these as follows: 18 19 “Ms. Chandler-Alleyne’s report outlines [X]’s diagnoses and provides information about 20 the impact of the sexual abuse that she experienced by [the defendant], particularly post- 21 trial. She noted that previous reports submitted to the Court dated September 6, 2023 and 22 May 9, 2024 provided additional information about the impact of the sexual abuse on [X] 23 prior to the trial. Ms. Chandler-Alleyne noted that the impact of the abuse that [X] 24 experienced by [the defendant] cannot be assessed independently of the abuse that she 25 experienced by her mother. In summary, the report outlined the following behaviours: 26 identity challenges, impulsivity, substance use, self-injurious behaviour, suicidal thoughts, 27 emotional dysregulation and aggressive behaviours, sleep challenges and anxiety. She 28 noted that [X] was admitted to the [Hospital] on two occasions since the trial. The report 29 noted that [X] has been diagnosed with the following: Post Traumatic Streps Disorder, 30 Major Depressive Disorder, Substance Use Disorder, Attention Deficit Hyperactivity 31 250207 R v YZ: Ind. 88 of 2023. Coram Richards J, KC – Sentence Judgment Page 5 of 16 Disorder, Psychosocial Stressor – Multiple ACES, severe Childhood Abuse and Chronic 1 suicidal ideations.” 2 3

¶ [17] The second report is summarised as follows: 4 5 “Ms. [ ]’s report provided information about [X] ’s behaviours since her residence at … 6 […]. Ms. [ ] described [ X]’s behaviours as “pain-based” and noted that they “likely stem 7 from the adversities that she has experienced in her life.” The following behaviours were 8 highlighted: substance use, police charges, aggressive behaviours and repeated self- 9 harming behaviours. The report noted that there was a “significant increase in behaviours 10 of concern” following the trial in […] and identified that [X] displays behaviours such as 11 self-harm, suicidal threats, a sense of hopelessness, substance use, and withdrawal from 12 her peer group. She noted that [X] was admitted to the [ Hospital] in […] due to a crisis in 13 which the threat of hurting herself was elevated.” 14 15

¶ [18] The conclusion of the Probation Officer is that the impact of the offences on the victim has been 16 severe and far reaching and is ongoing and will need long term intensive intervention for the 17 victim to experience any sense of normalcy. 18 19

¶ [19] The Officer notes that her review shows that the victim has experienced several of the mental 20 health challenges associated with child sexual abuse. Her mental health has deteriorated since the 21 trial. Her social experiences and academic performance has been negatively impacted by this and 22 the experience related to her history. 23 24

¶ [20] The Officer states: 25 26 “While, as noted by Ms. Chandler-Alleyne, it is not possible to separate the impact of the 27 experience of sexual abuse from the other traumatic experiences that [X] has had, it is clear 28 that this experience has had a significant negative impact on multiple aspects of her life.” 29 30 250207 R v YZ: Ind. 88 of 2023. Coram Richards J, KC – Sentence Judgment Page 6 of 16

¶ [21] It is said that while the victim is presently involved in positive activities and is in a stable living 1 environment, the protective factors are insufficient to counterbalance the negative impact of the 2 experiences. 3 4

¶ [22] The Officer also states that the hope is that with the conclusion of the Court matter and continued 5 intensive therapeutic intervention she will stabilise but that even with intervention “there is the 6 possibility that the long-term impact of sexual abuse on [the victim] will continue to be 7 significant.” 8 9

¶ [23] Under the heading of coping skills Ms. Chandler Alleyne in her report details the increasing 10 issues in behaviour post-trial and the outpouring of emotional pain which has led directly to the 11 hospitalisations1. 12 13 SOCIAL INQUIRY REPORT 14 15

¶ [24] The Defence initially sought a Social Inquiry Report which was ordered. Subsequently defence 16 Counsel indicated by correspondence2 that this is no longer required. Counsel stated: - 17 18 “Upon conviction the defence requested a social inquiry report. I do not know if a 19 probation officer has been assigned and so have included Miss … in this email as a senior 20 probation officer. 21 22 We no longer require a social inquiry report, and so would ask that the Court rescinds the 23 order requesting the Department of Community Rehabilitation to prepare it. The victim 24 impact report was ordered, and to allow for that to be prepared we do not ask to vary or 25 bring forwards the sentencing date…” 26 27

¶ [25] Counsel subsequently confirmed this position in open Court. 28 29 30 1 Paragraph 5 on page 3 of Report dated 14th October 2024 2 Dated 25th September 2024 250207 R v YZ: Ind. 88 of 2023. Coram Richards J, KC – Sentence Judgment Page 7 of 16 THE SUBMISSIONS 1 2

¶ [26] Both Counsel referred the Court to the Cayman Islands Sentencing Guidelines for the offence 3 of Rape. 4 5

¶ [27] There are three categories of Harm as follows: - 6 7 “Harm 8 Offences may be of such severity that sentences of 20 years and above may be appropriate, 9 for example any involving a campaign of rape of repeated offences. 10 11 Category 1 12 13 • The extreme nature of one or more category 2 factors or the extreme impact caused 14 by a combination of category 2 factors may elevate to category 1. 15 16 Category 2 17 18 • Severe psychological or physical harm 19 • Pregnancy or STI as a consequence of the offence 20 • Additional degradation/humiliation 21 • Abduction 22 • Prolonged detention/sustained incident 23 • Violence or threats of violence (beyond that which is inherent in the offence) 24 • Forced/uninvited entry into victim’s home 25 • Victim is particularly vulnerable due to age or personal circumstances 26 27 Category 3 28 29 • Factor(s) in categories 1 and 2 not present” 30 31 250207 R v YZ: Ind. 88 of 2023. Coram Richards J, KC – Sentence Judgment Page 8 of 16

¶ [28] There is disagreement between Counsel as to the level of Harm and Culpability in this case. 1 2

¶ [29] Counsel for the prosecution submits that the extreme nature of the harm factors should elevate 3 the offending to the level of Category 1 Harm. In particular the medical and psychological impact 4 on the victim as reported in the clinical diagnoses given by doctors and in the VIR. These include 5 the matters summarised above, some of which are not fully detailed herein. 6 7

¶ [30] Counsel also highlights the Crisis Interventions which have taken place post-trial to include a 8 crisis involving threats with glass and that the victim requires constant monitoring under a safety 9 plan. There are ongoing mental health symptoms to include severe anxiety and hypervigilance 10 and chronic sleep disturbances with nightmares. There are continuing behavioural issues with 11 severe isolation from peer group, trust and attachment issues and the need for extensive support 12 services. 13 14

¶ [31] As to culpability, Counsel for the prosecution submitted that the culpability is at the level of 15 Category A because there was an abuse of trust. Counsel said that this is due to the relationship 16 which the defendant should have had with the child. 17 18

¶ [32] An offence at the level of Category 1 Harm and Culpability A, has a starting point of 25 years 19 with a range of sentence of 20 to 30 years custody. 20 21

¶ [33] Defence Counsel submits that the offending is at the level of Category 3 Harm and Culpability 22 B. Such an offence has a starting point of 11 years custody and a sentence range of 8 to 14 years. 23 24

¶ [34] Counsel submits that while it is accepted that the victim has suffered psychological harm, there 25 is no clear evidential basis for a finding of severe psychological harm which is directly 26 attributable to the actions of the defendant. 27 28 29 30 31 250207 R v YZ: Ind. 88 of 2023. Coram Richards J, KC – Sentence Judgment Page 9 of 16

¶ [35] Counsel notes that the victim did not engage with the preparation of the VIR and submits that the 1 impact of the abuse experienced by the victim cannot be assessed independently from the abuse 2 which was suffered as a result of the treatment from her mother or from previous sexual abuse 3 by a former partner of her mother. 4 5

¶ [36] Counsel for the defence also submitted that it is of course accepted that any offence of this nature 6 will cause psychological harm to the victim. This is inherent in the offence. There are significant 7 penalties for a reason. 8 9

¶ [37] Counsel said that the reports from the victim’s school and counsellors about the victim at different 10 stages indicate abandonment at a young age, removal from stability by taking the victim to 11 another country and a previous assault, all of which have had a significant effect upon her. It is 12 evident that this lives on in her mind given that it was foremost in her discussions with her 13 counsellors. 14 15

¶ [38] Counsel submitted that there were major traumatic events which were having an adverse effect 16 on her and problems at school which were manifesting themselves. A number of the reports which 17 the victim made related back to her mother. The victim reported taking medications because it 18 “numbs out her mother”. In summary, that there was trauma in the victim’s life which could be 19 seen prior to the defendant’s involvement. 20 21

¶ [39] Counsel said that the defendant appeared to be at arm’s length. There is no evidence that he would 22 have been aware of the incidents that had happened previously, the previous reports or what was 23 going on in the victim’s school life. 24 25

¶ [40] Counsel referred to the report of Ms. Chandler Alleyne and the statement that the impact cannot 26 be assessed independently of this offending and submits that there is no clear evidential basis that 27 there has been extreme impact caused by the defendant’s actions. 28 29

¶ [41] Counsel submitted that the Court is required to have a clear evidential basis and there is not such 30 in this case. Counsel said that the difference between Categories A and B is as much as a 25% 31 uplift and there must be a clear causal link for the Court to make a finding that the defendant’s 32 actions have caused psychological harm of a severe nature. 33 250207 R v YZ: Ind. 88 of 2023. Coram Richards J, KC – Sentence Judgment Page 10 of 16

¶ [42] In answer to questions from the Court, Counsel said with respect to the victim’s own statements 1 as to impact on her that it is difficult “when she is in a melting pot of trauma” for her to assess 2 the effect of what happened to her. It is difficult to expect her to untangle the threads of trauma 3 when one thing may have compounded the other. Counsel said that the victim’s fight with her 4 mother and abandonment was also very recent. There are no relatives left around her. She is being 5 forced to grapple with incredibly complex issues, all of which must be very hard to process. 6 7

¶ [43] As to the level of Culpability, defence Counsel submitted that there was no significant degree of 8 planning, it was an opportunistic offence committed on occasions when mother was not present 9 in the house. 10 11

¶ [44] On the issue of abuse of trust Counsel said that the victim was left on her own by her mother. 12 This is not a case where the defendant was part of a family home and environment where he was 13 entrusted with the care of the victim. The defendant was not tasked to look after the victim while 14 her mother was out. Counsel said that what the ideal could have been is not a relevant 15 consideration. 16 17 AGGRAVATING FACTORS 18 19

¶ [45] Defence Counsel submitted that the issue of whether the victim is particularly vulnerable because 20 of her age is a matter for the Court. 21 22

¶ [46] Counsel’s submission is that while age must be a relevant factor and in this case is an aggravating 23 feature, it does not follow that the victim’s age renders her particularly vulnerable. 24 25

¶ [47] Defence Counsel accepts that the fact that the offences were repeated is an aggravating factor but 26 said that there is no evidence that any of the other aggravating factors listed in the Guidelines are 27 present. Counsel commended the approach of taking a global picture of the criminality. 28 29

¶ [48] Counsel said that the location, to wit the sanctuary of the bedroom is an aggravating feature but 30 that this characteristic may not add anything in these circumstances. 31 32 33 250207 R v YZ: Ind. 88 of 2023. Coram Richards J, KC – Sentence Judgment Page 11 of 16 INDECENT ASSAULT 1 2

¶ [49] Defence Counsel submits that the harm is at the level of Category 3 because there is no evidence 3 that as a result of the touching of the thigh on top of clothing the victim was caused psychological 4 harm. The only evidence from the victim on this is that she felt that the defendant was acting 5 shady. 6 7

¶ [50] It is accepted that culpability is in a different category for this offence. The evidence of the victim 8 is that the defendant was tasked by her mother to take her to and from the school bus, a task 9 which often required him to be alone with her. The defendant would therefore be in a position of 10 trust which was abused. It is therefore accepted by the defence that the culpability is at level A. 11 An offence of Category 3 Harm and Culpability A has a starting point of 2 years custody and a 12 range of 1 to 5 years custody. 13 14 15 SUBMISSIONS IN MITIGATION 16 17

¶ [51] In mitigation, defence Counsel submitted that the defendant is now 54 years old, he was 52 at the 18 time of the offending. He was a man of good character. He has no history of sexual offending. 19 There are no further allegations against him and as such these offences can be said to be out of 20 character for him. This is an isolated incident. 21 22

¶ [52] Counsel said that the defendant has been in the Cayman Islands for thirteen years. He had been 23 married for eleven years and has worked for the same employer for twelve years. His mother is 24 94 years old, and he has provided constant financial support to her. He has volunteered with a 25 local organisation. Before these offences he was a hard-working individual who caused no other 26 problems. He has worked long hours. He is someone who keeps himself to himself. He does not 27 drink alcohol. He supported his family. There have been no difficulties with him. While in prison 28 he works as a cleaner in the kitchen. Counsel says that to be entrusted with working in the kitchen 29 at the prison shows that the authorities have a high degree of trust in the prisoner. The defendant 30 has continued to live in the prison in the same way that he has lived his life in the community. 31 He keeps his head down and gets his work done. 32 250207 R v YZ: Ind. 88 of 2023. Coram Richards J, KC – Sentence Judgment Page 12 of 16 THE SENTENCE 1 2

¶ [53] These are plainly offences of the most serious kind in which the custody threshold is firmly 3 passed. 4 5

¶ [54] There are three offences of Rape. Defence Counsel submits that there is a lack of clarity with 6 respect to the harm caused in this case because of the previous events in the life of the victim. 7 These are said to be such that the Court cannot isolate this offending as causing severe 8 psychological harm so as to amount to a Category 2 offence. Counsel for the prosecution argues 9 that the harm caused is so severe that this offending rises to the level of Category 1. 10 11

¶ [55] The Court notes the victims’ own view of the impact of the offence upon her. Defence Counsel 12 argued that it would be difficult for her to isolate the strands of abuse in her life. However, during 13 the trial, it was evident that the victim is a bright and articulate child. In the Court’s assessment 14 she is well able to explain what has happened to her because of this offending. 15 16

¶ [56] Importantly this does not stand alone. The Court has the assistance of the report of the Child 17 Psychologist and that of the person who is now overseeing her care. 18 19

¶ [57] While Ms. Chandler Alleyne expresses the view that the offence cannot be assessed 20 independently of other abuse, she also writes in some detail of the level of increase in the 21 emotional pain of the victim. She describes the victim as becoming even more emotionally needy 22 and obsessed with her trauma experience such that she is unable to take meaningful steps forward. 23 24

¶ [58] The victim’s care giver has described what is said to be a significant increase in behaviours of 25 concern since the trial and a deepening sense of hopelessness. The Probation Officer also gives 26 her view that “it is clear that this experience has had a significant negative impact on multiple 27 aspects of her life.” 28 29

¶ [59] In the Court’s view while much of the reports are not detailed herein all the available material 30 makes clear that there has been severe psychological harm to the victim because of this offending. 31 It is not unreasonable to conclude that it has in effect pushed the victim over the edge. 32 33 250207 R v YZ: Ind. 88 of 2023. Coram Richards J, KC – Sentence Judgment Page 13 of 16

¶ [60] As to the level of culpability the Court accepts the submission of the defence as to the issue of 1 abuse of trust and concludes that the offending is at the level of Culpability B. 2 3

¶ [61] The starting point for an offence of Category 2 B is 15 years imprisonment which the Court 4 concludes is applicable to this case. 5 6

¶ [62] There are three aggravating factors. This was rape of a child aged 11 years old, a vulnerable 7 individual. The repeated nature of the offending is a significant aggravating factor. Three offences 8 of rape are charged on the Indictment. The location of the offending is the third factor. The victim 9 was assaulted in her own home where she should have been able to feel safe and protected. The 10 aggravating factors serve to increase the sentence by 3 years to one of 18 years. 11 12

¶ [63] In mitigation all the circumstances as outlined by the defendant’s Counsel are taken into account. 13 The defendant has no previous convictions. He was of good character with the offending said to 14 be out of character for him. He is a man of middle years for whom a lengthy sentence will mean 15 that most of the rest of his natural life will be spent in custody. He is said to be a hardworking 16 individual who has continued to work at the prison where he is in a trusted position working in 17 the kitchens. He has an elderly mother who is 94 years old who he has supported financially 18 throughout the years. All the circumstances taken together serve to reduce his sentence by 2 years 19 to one of 16 years. 20 21

¶ [64] It is accepted that the offences of Indecent Assault are category 3 A offences. From a starting 22 point of 2 years custody, mitigating factors reduce the sentence to one of 18 months 23 imprisonment. 24 25

¶ [65] The Court has given consideration to whether the proposed sentences are proportionate to the 26 offending and in doing so is mindful of the principles set out by the Court of Appeal in the case 27 of Dilbert v R3. These are reflected in the Cayman Islands Sentencing Guidelines. 28 29

¶ [66] This is a case in which the defendant, a man of mature years took advantage of the situation of 30 which he became aware through his relationship with the child’s mother. This was a vulnerable 31 3 [2010] CILR 10 250207 R v YZ: Ind. 88 of 2023. Coram Richards J, KC – Sentence Judgment Page 14 of 16 child, more than forty years younger than the defendant, being cared for by a mother who left her 1 alone most nights of the week in order to go out to get drugs. He preyed upon the victim, 2 exploiting the weaknesses in her home situation over and over again. This was a campaign of 3 rape in the sense that it was repeated rape of the same victim over a period of time. 4 5

¶ [67] The victim’s evidence at trial was that she was afraid to tell her mother as she fully expected 6 mother to side with the defendant, which is in fact what happened. The serious nature of the 7 offending, the circumstances of it and the extent of the harm to the victim are all such that the 8 conclusion is that the proposed sentence is proportionate to the offending. Such is the nature of 9 the offending that even if the Court was wrong as to the categorisation for the Rape offence and 10 the offending is a Category 3 B, rather than 2 B, the Court would have considered that the 11 aggravating factors rise to such a level as to take this offending outside of the upper band for that 12 category. 13 14

¶ [68] On each offence of Rape, the sentence is 16 years imprisonment. The sentences are to run 15 concurrently because the repeated nature of the offending has already been taken into account as 16 referenced above. 17 18

¶ [69] For Indecent Assault, the sentence imposed in respect of each count is 18 months imprisonment 19 to run concurrently to each other and to the sentences for the offences of Rape. Time served is to 20 be taken into account. 21 22 SEXUAL HARM PREVENTION ORDER 23 24

¶ [70] The Prosecution applies for a sexual harm prevention order pursuant to s. 45A of the Penal Code. 25 26

¶ [71] The defence do not object in principle to the making of such an order but raised the issue of 27 necessity on the basis that it is likely that the defendant will be deported from the Cayman Islands. 28 29

¶ [72] Defence Counsel said that paragraphs 1 and 2 of the proposed draft order are agreed but question 30 whether reporting is necessary in the case of an individual who will be deported. Counsel said 31 that when the defendant reaches to the point of 60 % of his sentence he will be deported. He has 32 already been served by Immigration officers with a notice that his status has been rescinded. 33 250207 R v YZ: Ind. 88 of 2023. Coram Richards J, KC – Sentence Judgment Page 15 of 16

¶ [73] The Court has considered this submission but notes that matters of Immigration and residence 1 are not matters within the control or oversight of a Court in criminal proceedings. The Court must 2 endeavour to protect the victim and other children from harm. Should circumstances or laws 3 change, and the defendant not be deported or should he visit, protective measures must be put in 4 place by this Court. 5 6

¶ [74] The Court is satisfied given the nature of the offending that a sexual harm prevention order is 7 necessary for the purpose of protecting the victim and children from sexual harm from the 8 defendant. 9 10

¶ [75] Consequently, a Sexual Harm Prevention Order is made for a period of five years following the 11 defendant’s release from prison in the following terms: - 12 13

¶ [1] You shall have no direct or indirect contact with the victim. This includes via any means 14 which utilises social media such as Text Messaging, WhatsApp, Facebook, Instagram or 15 other electronic means of communication. 16 17

¶ [2] You shall not be within 100 metres of the victim other than: 18 a. That which is inadvertent and not reasonably avoidable in the course of lawful daily 19 life; or 20 b. By order of a Judge of the Grand Court. 21 22

¶ [3] While present in the Cayman Islands, whether as a resident, visitor, or under any other 23 immigration status, you shall notify: 24 25 (i) an officer of the Royal Cayman Islands Police Service Offender Management Unit 26 in advance and in writing of any paid or voluntary employment you undertake upon 27 release from imprisonment during the period that this order is in effect. 28 29 (ii) the Royal Cayman Islands Police Service Offender Management Unit of any change 30 to your residence or telephone number in writing within 24 hours of the change. 31 32 250207 R v YZ: Ind. 88 of 2023. Coram Richards J, KC – Sentence Judgment Page 16 of 16 (iii) an officer of the Offender Management Unit within the Royal Cayman Islands Police 1 Service in writing of any changes to, or applications for, any identity documents in 2 advance of the changes or applications being made to such documents. 3 4

¶ [4] Upon any re-entry to the Cayman Islands during the period this order is in effect, you shall notify 5 the Royal Cayman Islands Police Service Offender Management Unit within 24 hours of your 6 arrival, providing your local contact details and intended duration of stay. 7 8 Dated this the 7th February 2025 9 10 The Hon. Justice Cheryll Richards KC 11 Judge of the Grand Court 12