Serial rapist’s 35-year sentence stands

(CNS): Jeffrey Barnes (39) lost his bid to reduce his 35-year sentence for rape when the Cayman Islands Court of Appeal ruled the original tariff should stand. He was the only one of the five lifers the court ruled on in its summer session who was not in prison for murder. After being convicted by a jury in 2013 of two counts of rape and one count of aggravated burglary, he received a life sentence due to the serious nature of his crime and his repeat offences of rape.

Then in 2018 at a conditional release hearing presided over by the late Justice Charles Quin, Barnes was sentenced to 35 years, with the earliest possible release after 21 years, which represented a 40% reduction on the total term. This reduction is provided for in the Conditional Release Law, which says prisoners sentenced to more than one year “will be released after serving 60% of their sentence, subject to not having forfeited remission”.

At the time of the sentencing, however, Justice Quin said a decision on a possible early release would fall to the Conditional Release Board, which would consider whether Barnes posed a danger to society, noting it was extremely unlikely that the serial rapist would reach a point where he would no longer be a threat to women.

In the Court of Appeal’s written judgment handed down last week, the justices recounted that prior to the 2011 offences Barnes had 29 convictions, 13 involving violence, and within a 15-year period he had been convicted twice of rape, once of attempted rape, once of abduction and once of indecent assault.

The appeal court set out the details of the 2011 rapes, which were described at trial as “extreme and grave” with the victim enduring a terrifying ordeal taking place over hours. Barnes, who was armed with a knife, threatened her with physical harm and death and cut her neck during the attack.

During the conditional release hearing, Justice Quin cited 12 aggravating factors, including that the victim was raped repeatedly, Barnes broke into her home at 3:00am with the intent to rape her, the offence was planned, he was armed and cut her, and the especially serious mental effect on the victim. In its judgment the appeal court said it had “no doubt” that each was an “exceptionally aggravating circumstance” and recounted Barnes’ many previous convictions.

As to the appeal for a sentence reduction, the justices said the only issue was whether the notional determinate sentence of 35 years arrived at by Justice Quin was manifestly excessive.

Appearing for Barnes, attorney Nicholas Dixey submitted that a 35-year sentence was substantially out of line, arguing that the appropriate term would have been 20 years, and comparing it to previous cases in Cayman and in England and Wales. The court found that the cases cited did not provide any guidance in deciding the appropriate determinate sentence.

In addressing Barnes’ case, the justices wrote it was of the “utmost seriousness”, and noted they had already described in detail the aggravating factors of the rapes. “They are exceptional in nature,” they said, adding that Barnes’ previous convictions “seriously aggravate the present offences and are bound, significantly, to aggravate any notional determinate sentence”.

While Justice Quin did not explain in detail how he decided on the sentence, they said it “reflects both the circumstances of the offences and the Applicant’s previous convictions”. The justices concluded the 35-year sentence was not manifestly excessive and neither was the minimum term of 21 years, and refused Barnes’ application for leave to appeal.