Malcolm J
<doc> 1 IN THE GRAND
2 CRIMINAL SIDE
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COURT OF THE CAYMAN ISLANDS
INDICTMENT
THE QUEEN
V
MARLON RICARDO PORTER
NT NO: 0021/2016
16 Appearances: 17
18
19
20
21 Before:
22 Jury Trial:
23 Guilty Verdict:
24 Written Submiss-
25 Sentence Submis-
26
27
28
Mr. Scott Wainwright for the Ms. Amelia Fosuhene of BA Law for the Defendant
Mr. Justice Alastair Malcolm
25th September 2017 -9th Oc-
10th October 2017
tions & Medical Reports: Received on varying dates
sions heard: 20th February 2018
the Crown
ADY Attorneys at
m (Actg.)
October 2017
26
29
30
31 Haral
32 guide
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37
Sentence Judgment, Ind.
HEADNOTE
Criminal Law - Rape, Assault Causing Actual Bodily Harm, Alarm or Distress - Sentence - The Statement on Trial Sentencing for Certain Offences (2002) - England and Wales for Rape - Cayman cases - Starting point - Previous
Health Assessments.
16 O'Connor v. R v. Marlon Ricardo Porter, Coram: Malcolm J. (Actg.). Date: 20th
Page 1 of 4 </doc>
<doc> 1
2
3 1. On the
4 Bodily
5 offence
6 2. You of
7 could be
8 you have
SENTENCE JUDGMENT
10th October 2017 the jury convicted you of Rape, Assault
Harm and Intentionally Causing Harassment Alarm and
stem from the events that occurred on the night of the 22nd.
You give the complainant a lift from Archie’s Bar to a guy food. Instead of taking her to get food you took her to a
doral sex and sexual intercourse without her consent. The oc-
casing Actual
1 Distress. All the
23rd January 2016.
as soon so that she
excluded spot where
complainant says she
9 made it
10 things to
11 she was
12 towards
13 clothed
14 3. Later s
15 left her
16 the dri
17 4. When
it clear she was not consenting and indeed demonstrated that
trying to run away on two occasions. Before the interco-
resisting, you offered her $200. At the end you dragg-
ed the sea – threatening to drown her. You then drove off
.
he was seen by a government truck driver making her way
She was not wearing any shoes or trousers and her blous-
18 ver had been raped.
examined at the Hospital she had extensive bruising his
face by, amongst other
she took place whilst
d her from the car
leaving her partially
from where you had
it was torn. She told
r left buttock, and
18 abrasion
19 5. It has
20
21
22
Sentence Judgment. Ind. 1
ns to left elbow. She said this occurred as you dragged her to
considered the following material supplied to me before today:
towards the water
by is hearing:
20/07/2016 Rv. Marlon Ricardo Porter. Coram: Malealm J. (Atg). Date: 20/07
Page 2 of 4 </doc>
<doc> (a) Prosecution Note on Sentencing;
(b) List of Antecedents;
(c) Social Inquiry Report (SIR) dated 25th May 2016 in a
last conviction;
(d) Psychiatric report by Dr McGill dated 16th January 20
(e) Psychological Report by Dr von Kirchenheim dated 9
(f) Defence Sentencing Submissions;
(g) 2 certificates from and proof of employment in North
atation to Mr Porter's
18;
1 February 2018;
ward Prison;
9
10 6. In con-
11
12
13
14
15 7. Clear
(h) Photographs of Mr Porter's children;
considering the length of the inevitable prison sentence I have
(a) The 2002 Statement of Tariffs and Guidelines;
(b) R v Dilbert1;
(c) England & Wales Sentencing Guidelines for Rape,
(d) v Rohan Gidarising2.
(e) In accordance with the Statement of Tariffs and R v Dil-
ber, the starting point
16 in this
17 (CLP);
18 assist;
19 and m
20
1 Criminal Appeal No. 3 Ind. 101/2014
Sentence Judgment, Ind.
case is 10 to 12 years' imprisonment. As the Cayman Isl-
) said in R v Dilbert, the England & Wales Sentencing Guideline as to the starting point, but can be of assistance in con-
litigating factors.
No. 3/2008/06. R v Marlon Ricardo Porter. Coram: Malcolm J. (Acg.). Date: 201
lands Court of Appeal
Guidelines are of no
considering aggravating
22 of
Page 3 of 4 </doc>
<doc> 1 8. After y
2 terrify
3 9. You ha
4 accept
5 it wou
6 for Rap
7 10. Under
you had driven her against her will to a secluded spot, this vio
ng attack on the complainant, albeit no weapon was used.
ve a previous conviction for violence against a woman as
that you were sentenced for that. However the nature of that
aggravating factor under the England & Wales Ser
e.
those guidelines there are the following further aggravating
as a prolonged and
recently as 2015. I
offence is such that
intends Guidelines
actors:
8
9
10 11. Having
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14
15 12. All the
16 convi-
(a) Location of offence
(b) Time of offence
considered all the submissions the least sentence I can pass
(a) Count 1. (Rape) 13 years
(b) Count 2. (ABH)2 years
(c) Count 3. (Harassment) 1 year
these sentences will be concurrent and time served on remand if
tion shall count.
is:
both before and after
17 Dated this the 20th
18
19 Mr. Justice Alastair
20 Acting Judge of the
Sentence Judgment, Ind. T.
February 2018
ir Malcolm Q.C.
e Grand Court
20/06/2018 R v. Marlon Ricardo Porter. Coram: Malcolm J. (Actg). Date: 20.06.
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