Goldring P, Moses JA, Rix JA
<doc> BETWEEN: IN THE CAYMAN ISLANDS COURT OF APPEAL CRIMINAL ANDRE ANTONIO CHASE -and- AL APPEAL 28/2017 IND.55/15 SC#04718/15 Appellant BEFORE: Date of Hearing: Appearances: Her Majesty the Queen The Rt. Hon Sir John Goldring, President The Rt. Hon Sir Bernard Rix, Justice of Appeal The Rt. Hon Sir Alan Moses, Justice of Appeal Wednesday, 31 October 2018 Mr. J Furniss, Attorney-at-Law for the Appellant Mr. C Wainwright for the DPP for the Respondent JUDGMENT Respondent MOSES, J.A.
This an app Justice Mett aggravated by
These offen a "campaign" Criminal Appeal 28 of 2 Transcript of oral judgment dated 31 October 2018 Approved for Release 22 January 2019 cation for permission to appeal by Andre Chase who year for sentence on 28 September 2016 following a urglary and rape on 23 July 2015. des took place in the course of what was rightfully desc of burglary" committed on residential premises w Andre Chase v The Queen appeared before Mr. very serious case of ibed by the Crown as here, fortunately, the Page 1 of3 </doc>
<doc> occupants in was.
The applica- horific atta- forced her to her to go in his rape on I
Not content July of 2015 were not in their houses but most unfortun- it entered her premises and, as the judge described it, with ek. The applicant had a rope with which he tried to take her clothes off - with the aid of a knife - raped her to a power to wash herself. But, fortunately, there was er would enabled him to be traced. with raping her, he burgled her premises and beat her. nately, Kathy Neilson as there subjected to a strangle her. He then er and then compelled s still found traces of She therefore had not only the hun-
As we have burglaries." concurrently,
There is no assisted, as and is no co- terrible offer.
The only ques- burglary that would normally but the suffering of this sustained act of violen- noted, he committed this offence during the course of the trial. The judge imposed a sentence of 13 years' imprisonment with that, ten years' imprisonment for the aggravated bi- application for leave to appeal against those sentences has this applicant, by Mr. Furniss who has made it complaint against the judge's approach and decision as esses that arises is in relation to the four burglary was part of the series of offences. As the judge rig- ly have attracted a substantial sentence but, having due of a series of other right for the rape and urglary. and the court has been ear that there couldn't to sentence for those s he or she attempted ntly pointed out, they regard to the length of time this y- concurrent to aggravated bi-
It is submitte- a 13 year sen-
In addition, his remorse; Criminal Appeal 28 of 3 young man might otherwise serve in prison the ma- and that they should have been made concurrent so that tence in all. we have before us written submissions from this applica-says that he is profiting from his time in prison to re- Ultra Chase v The Queen de all the sentences years for the rape and here would have been cant who makes clear form and learn lessons Page 2 of 3 </doc>
<doc> and speaks of he was provi-
This is of ser- rightly descri- violence, con- 2013, and in
Clearly it is with such se- rious concern because he is only 23 and yet he has a ser- bed it, worrying record with previous convictions for assumption of ganja and actual bodily harm, threats to 2014 assault occasioning actual bodily harm and conni- sensible that everyone should consider, so far as possible, tious offences of violence came to be committed and c the drugs with which a problem. ious, and as the judge violence, threatening cause serious harm in opportunity. le, how a young man n be prevented in the future by con- being taken
Our concern sentences wi- surrounding be no possible the applica- tion of his mental condition and we are pleased in prison in relation to the courses of which this applica- However, is whether there is any possible argument that is manifestly excessive. Our description of the facts, circumstances of the other burglaries, we hope, demon- e complaint about the totality of these sentences and, in for leave to appeal against the sentences is refused. to hear that steps are at is undergoing. if the totality of these of this case and the trate how there could those circumstances, Criminal Appeal 28 of 29 Page 3 of 3 </doc>