Teacher’s sex crime sentence cut

| 17/11/2015 | 21 Comments
Cayman News Service

Cayman courthouse

(CNS): The three-year sentence given to a teacher who was convicted of several sex offences in relation to teenage boys in his drama class at a government school has been reduced to two years by the appeal court. Delroy James, who admitted several acts of indecent assault and gross indecency on three 15-year-old students, was sentenced in April after considerable negotiations between the defence and prosecution over the facts of each offence.

On Tuesday defence attorney Nicholas Dixie argued before the Court of Appeal that the sentence of three years on a count of gross indecency, the longest of the concurrent sentences given, deviated from the basis of the pleas James had entered into with the prosecution and the agreed facts of the sex crimes he admitted committing.

In one of very few changes, the appeal court has made to convictions and sentences before them this session, the panel of judges agreed with Dixie’s arguments because of the lack of explanation in the sentencing ruling delivered by Justice Charles Quin over why count six attracted a 50% higher sentence that the indecent assault counts.

When outlining the facts of that charge, the sentencing judge had cited the crown’s original claim about what they said the teacher had done based on witness evidence rather than the agreed facts in the basis of plea negotiated in order to avoid a trial.  The issue in question was that the crown had originally claimed that James, who was accused of grooming his victims, had encouraged the boys to masturbate when he showed them pornography on his iPad. But James had denied the encouragement and admitted only showing them the footage.

When Dixie raised the issue with Justice Quin after the sentence ruling that his client had not encouraged the students to masturbate, the judge said that the crown counsel in the case had said he did during her presentation of the case and as a result he was comfortable basing his sentencing on that.

But the appeal court heard that Toyin Saliko, the prosecutor involved, had stated that while this had been the crown’s original case based on the evidence from the witnesses but it was not accepted by the defendant. She explained that the main reason for the long negotiations over the pleas had been that dispute. The decision to accept the pleas without an admission of encouragement was to avoid trial and the need for the teenage boys to come to court, as they had all said they were extremely embarrassed by the prospect, she said.

The Court of Appeal noted that the trial judge was not bound by the agreement made between the lawyers. He could, they said, have rejected the basis of plea if he felt there was something wrong, but in such circumstances he should have spelled out his concern, which he did not.

The panel found that in his sentencing judgment Justice Quin had gone beyond the facts of the agreed plea. Even though the appeal judges found that the sentence was not manifestly excessive, the basis for giving him a much greater sentence on one count compared to the others was wrong and therefore they cut that sentence, bringing it in line with the rest of the jail terms, which were imposed concurrently. By reducing the term by one year on that count, they reduced the global term of James’ sentence down to two years.

This means that James, who has been on remand since he pleaded guilty in June 2014, has now served more than 16 months in HMP Northward and will therefore be eligible for early release.

However, when James, who is a Jamaican national, is released, he will, as a result of an order by the court, be deported.

Ex-teacher jailed for 3 years for sex offences

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Category: Courts, Crime

Comments (21)

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  1. Anonymous says:

    I heard the pedophile has claimed he is now saved and has religion. So by the standard of the bible, he should be let go and free. This is a christian nation for all you sick minded atheist out there.

    • Anonymous says:

      You have got to be flicking kidding. So if all the boys murdering their bredrens on the islands say they are saved and have turned to religion same applies to them too does it? Can you see how insane your comment is?

      • Anonymous says:

        sar·casm
        ˈsärˌkazəm/Submit
        noun
        the use of irony to mock or convey contempt.
        “his voice, hardened by sarcasm, could not hide his resentment”
        synonyms: derision, mockery, ridicule, scorn,

  2. Anonymous says:

    Dear pathetic courts system,

    Fine, release him (aka the WILD ANIMAL) early….but be sure you release him to a padded room for just the day with those children’s parents inside who shall receive no penalties for the flogging he would pick up. SICK NASTY ANIMAL. Please return from whence you came. Thanks.

    • Anonymous says:

      He will be back by boat. Courts where there is no justice. Had that been a native see what would happen to him.

  3. Anonymous says:

    Concurrent sentencing should be outlawed.

  4. Anonymous says:

    I don’t understand how the court can hand down these piss poor sentences to people who have hurt/assaulted a child/ren. The people who have assaulted these children should be hung from the Town clock and the people of Cayman take turns beating them. They have forever scarred their victims and in more cases have taken their innocence with the disgusting acts against them. God forbid the day that any man, woman or child tries to hurt my children in any way or the other, only then God could judge me as there is no Judge alive that could convict me of what I would do to them!

  5. Anonymous says:

    now i just read yesterday a guy who messed with a 15 yr old girl failed to have his time shorted from 4 years (because of age disparity) – but here you have a teacher in a position of trust messing with little boys and gets his time reduced. The law in Cayman is skewed. I’m curious to see what will come of the lawyer who ran over the american tourist and fled the scence WHILE ON BAIL FOR THE SAME OFFENCE!! How does he get bail again? I’m suing for discrimination if he doesnt get jail time!

    • #UncleDemon says:

      It’s funny how Shankino got his appeal turn down, for having sex with a 15 year old girl with no force, but this male school teacher who played with lil boys at school got time off
      ..Only In Cayman..?

      • Anonymous says:

        You are ignorant. The first case involved no error on the part of the judge to merit appellate review, in the second case the judge erred in the factors he could take into account when sentencing and therefore the appeal was properly founded. The gender of the victims had nothing to do with this.

      • Anonymous says:

        Didn’t you know? Only females are victims. Males aren’t victims. sarcasm. They should get twice as long for victimising males because the embarrassment is way worse. I know of another male that was molested by a man and he had to move away because people were teasing him and saying he was gay. The man didn’t get any time. I think he played the Christian card too.

  6. Anonymous says:

    For those being critical, the appeal involved a narrow issue as to the basis upon the Court could sentence and on the relevant evidence the case was at the lower end of the sentencing spectrum.

  7. Anonymous says:

    I just don’t get how this can be considered justice. But then again I find myself saying that a lot when speaking of the Cayman Court system.

  8. Anonymous says:

    Once again the court of appeal nitpicks the trial court’s view of the facts without actually hearing the evidence or seeing the witnesses. Take it to the privy council.

  9. Anonymous says:

    Was never long enough in the first place. This won’t have been his first effort, this was only the time he got caught!!!!

  10. Anonymous says:

    The bad thing is that apparently deportation is not for life. I hope I understood that incorrectly.

  11. Anonymous says:

    He should have received a life sentence without parole, not just 3 years. And a cop gets three years for corruption? There is so much wrong with this picture. This just sickens me to the very core.

  12. Anonymous says:

    All i can say is what a disgrace the courts are in the cayman islands…sexually assaulting teenagers only deserves less then 3 years in jail???? What kind of message are we sending

  13. Anonymous says:

    2 years. Child sexual abuse?? That is sick, that should be for life.

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