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Judgment · jid 5492 · pdb #1076

R v Ronnie Rodney Ebanks - Sentencing Ruling

[2009] CIGC (Crim) 46 · IND 0046/2009 · 2010-01-21

Burglary, with intent to rape, contrary to Section 243(1)(a) of the Penal Code (2007 Revision)

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In the Grand Court of the Cayman Islands — Criminal Division
[2009] CIGC (Crim) 46
Cause No. IND 0046/2009
Between
R
- v -
Ronnie Rodney Ebanks - Sentencing Ruling
Before
Quin J
Judgment delivered 2010-01-21

```markdown # IN THE GRAND COURT OF THE CAYMAN ISLANDS ## CRIMINAL SIDE **INDICTMENT NO:** 46/09 **THE QUEEN** **V** **RONNIE RODNEY EBANKS** **Appearances:** - **Crown Counsel:** Kenneth Furgueson - **Defence Counsel:** Nicholas Dixey of Mourant **Coram:** - Hon. Justice Quin Q.C. **Heard:** - 15th January 2009 ## SENTENCING RULING

On the 22<sup>nd</sup> November 2009 the Defendant pleaded guilty to Count II on the Indictment, namely the charge of burglary, with intent to rape, contrary to Section 243(1)(a) of the Penal Code (2007 Revision).

The particulars of the offence are that on the 2<sup>nd</sup> July 2009, at West Bay Road, Grand Cayman, the Defendant entered an apartment as a trespasser with intent to rape.

On the 2<sup>nd</sup> July 2009 the police received a call from a Ms. W, who was a visitor on the island and resided at a West Bay Road apartment complex. The Defendant had broken into the apartment and entered the complainant's bedroom as she was sleeping. The complainant, a 19-year-old woman, said that while she was asleep, she heard someone whispering in her ear. She was awakened and discovered the Defendant standing over her holding a knife with a towel to her throat. The Defendant was not wearing a shirt. The Defendant told the complainant that she should not scream and that she would not hurt her. The complainant was then able to scream and the Defendant fled the scene. The complainant was not injured. The Court finds that the Defendant's actions were extremely serious and constitute a clear violation of the complainant's right to personal safety and privacy. The Court further finds that the Defendant's actions were motivated by a desire to commit a sexual assault on the complainant. The Court is satisfied that the Defendant's actions were premeditated and that he had the intent to commit a sexual assault on the complainant. The Court is also satisfied that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. 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The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant's actions were not a result of any mental or physical disability. The Court finds that the Defendant
The complainant told her daughter to be quiet or he would hurt her. He also told the complainant that he wanted to "fuck" her.

The complainant used her hands to prevent the knife from touching her throat, and she also tried to push the Defendant away.

The complainant's daughter awoke, and the complainant told her to run for help. During this time the Defendant continued to force himself on to the complainant. The daughter, upon realizing that her mother was in danger, began to scream very loudly, and the Defendant ran out of the apartment.

After the Defendant left, the complainant realized that she was bleeding from her finger—an injury that must have occurred when she attempted to restrain the Defendant. At that time she saw the knife and the towel on the edge of the bed.

The towel and the knife were sent to the Royal Cayman Islands Police Service (RCIPS) Scenes of Crime Unit and on to the forensic science laboratory in the United States. It was later established that the Defendant's DNA was found on the towel and on the knife.

The Defendant was arrested by the police on the morning of the incident and taken to George Town police station.

On the 7th July 2009, the Defendant was charged and cautioned in accordance with the Judges' rules, to which "Boss, I have right now." The Defendant exercised silence and made no statement. Rh he replied, "nothing" to the interview, and he saved his right to make no comment.

Crown Counsel referred the Court to two English cases where the Defendants had pleaded guilty to burglary with intent to rape, namely *R v. Staunton* (1981) 3 Cr. App. R. (S.) 375 and *R v. Ebanks*. Sentence Ruling: Ind No: 46/09. R v. Ronnie Rodney Ebanks. Coram: Quin J. Delivered: 21.1.10 Page 2 of 5
```html <table> <tr> <td>Richard Thomas Bolland (1988) 10 Cr.App.R.(S.) 129. These were similar cases in which the</td> </tr> <tr> <td>Court of Appeal partially allowed the Appeals against sentence, and reduced, in the Staunton</td> </tr> <tr> <td>case, the sentence of imprisonment from eight (8) to five (5) years, and in the Bolland case, from</td> </tr> <tr> <td>seven (7) to five (5) years. In both cases there is no evidence of any previous convictions.</td> </tr> <tr> <td>11. In the case before this Court the Crown Counsel completed his submissions by saying that he felt</td> </tr> <tr> <td>the Sentencing range was somewhere between five (5) to seven (7) years.</td> </tr> <tr> <td>12. Counsel for the Defendant, Nicholas Dixey, candidly accepted, on behalf the Defendant, that he</td> </tr> <tr> <td>had committed a very serious offence, and one in which it must have been very frightening,</td> </tr> <tr> <td>unpleasant and distressing for the complainant.” Mr Dixey said that for the complainant to wake</td> </tr> <tr> <td>up on holiday in a bed with her daughter, and to find the an intruder, in this case the Defendant,</td> </tr> <tr> <td>standing over her, with a knife, making such a demand, must have been a terrifying experience.</td> </tr> <tr> <td>13. Mr Dixey submits that, mercifully, there is no evidence of physical injury, save for the minor cut on</td> </tr> <tr> <td>the complainant's finger, and also, mercifully, that there is no evidence of any long lasting trauma.</td> </tr> <tr> <td>14. Mr Dixey also provided the Court with some helpful authorities from which I would like to highlight</td> </tr> <tr> <td>two English decisions, which bear close examination and comparison to the facts of this case.</td> </tr> <tr> <td>15. The first case is Rv.Brian David Reed (1986) 8 Cr.App.R.(S) 152, an English Court of Appeal</td> </tr> <tr> <td>decision and in particular, the judgment of Stocker L.J. The Defendant was sentenced to 8 years</td> </tr> <tr> <td>imprisonment, having pleaded guilty to burglary with intent to steal. In Rv.Brian David Reed the</td> </tr> <tr> <td>ppellant had complainanforced entry.</td> </tr> <tr> <td>A entered that's bedroom se.there wa</td> </tr> <tr> <td>by sa</td> </tr> <tr> <td>there, don't move,I have got a knife,T'll be back for you later.</td> </tr> </table> Sentence Ruling. Ind No:46/09. Rv.Ronnie Rodney Ebanks. Coram:Quin J. Delivered:21.1.10 Page 3 of 5

The Defendant in Reed had previous convictions for similar offences and the English Court of Appeal held that eight years was not excessive or wrong in principle.

Defence counsel also referred to **R v. Karl Zoszco** (1995) 16 Cr. App. R. (S.) 354, which was another decision of the English Court of Appeal.

The English Court examined the offence of burglary with the intent to rape and came to the conclusion that under the English Criminal Justice Act it does not come within the definition of a "sexual offence" but it clearly was a "violent offence" for the purposes of the act.

Similarly, in this case the Defendant is charged with burglary which, technically, under our Penal Code, is an offence relating to property and not a sexual offence or an offence against morality.

In Zoszco, the complainant suffered scratches to her face, neck, breasts, arms and legs. The English Court of Appeal held that there was no requirement that the injuries should be serious. The fact that the injuries resulted only indirectly from the burglary did not prevent the offence being treated as one which leads to physical injury. The Court also stated that the offence of burglary with intent to rape was a violent offence on the basis that it was intended to lead to physical injury, as rape was itself a physical injury.

Accordingly, the English Court of Appeal dismissed the Appeal and allowed the sentence of six years imprisonment for burglary with intent to rape to stand.

I found the Delty plea. I also the kitchen knife from the kitchen and use it to threaten the complainant. Sentence Ruling. Ind No: 46/09. R v. Ronnie Rodney Ebanks. Coram: Quin J. Delivered: 21.1.10 Page 4 of 5

I also note that the Defendant previously received a sentence of 12 years imprisonment for rape, which sentence was imposed in August 2000. That particular offence had very similar features to the offence now before this Court.

I also note that the Defendant was released from prison only a few weeks before he committed this offence on the 2<sup>nd</sup> July 2009.

I have to take into account that the Defendant has not been convicted of rape or even attempted rape. However, as has been said before, women must be allowed to sleep in their own homes without being disturbed. This was an offence where the woman's home and her bedroom were violated by the Defendant in a very deliberate manner. It can be described as a very serious crime and the complainant was subject to a terrifying experience. The legislation has directed that the maximum sentence under our law is 14 years imprisonment.

In light of the Defendant's previous conviction, and the fact that he has committed this offence so shortly after being released, I impose a sentence of ten (10) years of imprisonment with time spent in custody to be taken into consideration. **Dated this 21<sup>st</sup> day of January 2010** **Quin J** **Judge of the Grand Court** **Sentence Ruling. Ind No: 46/09. R v. Ronnie Rodney Ebanks. Coram: Quin J. Delivered: 21.1.10** **Page 5 of 5**

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