The June Criminal Assizes concluded on 28th June 2006. During the sitting of the High Court, two criminal matters were heard, R v Glen Richardson and R v Lester Fleming.

Mr. Glen Richardson was indicted for three counts of sexual intercourse with a minor under the age of fourteen years and one count of sexual intercourse with a minor of the age of fourteen years. On 9th June 2006 the jury found Mr. Richardson guilty on all four counts.

On 28th June 2006 Justice George-Creque sentenced Mr. Richardson to ten years each for the first three counts and nine years on the fourth count. The sentences for the second, third and fourth counts will run concurrently. The sentence on the first count will run consecutive to the sentences on the second, third and fourth count. Mr. Richardson will therefore be incarcerated for 20 years.

Before sentencing Mr. Richardson, Justice George-Creque opined in part:

“The maximum penalty with regard to the first three counts, which is for having sexual intercourse with a minor under the age of 14 years, the maximum penalty is life imprisonment. That, in itself, shows the seriousness with which the society and the community as a whole views that type of offence. It carries, in essence, the same sentence that is now available with regard to the murder of a person. That is how serious society views the kind of offence committed against minors.

The four count carries a maximum sentence of 20 years. Again, it shows and expresses the views of the society, because it is our legislative body which passes these laws and which considers the sentences that are appropriate to address the seriousness of these types of offences.

Each time this Court sits there are sexual offences relating to minors. For some reason, minors are being abused. Their trust is being taken advantage of. The persons who ought to be protecting them are failing to do so. The Court has to try to ensure that what sentence it imposes sends a message to others who may be of like view to commit such offences that it’s a deterrent. I also have to ensure that when the sentences are passed that it reflects the society’s disapproval of this kind of conduct which needs to be stamped out.”

Mr. Lester Fleming was indicted for indecent assault on a minor under the age of fourteen years. Mr. Fleming pleaded guilty to the count and Justice George-Creque sentenced him to three years imprisonment.
Before sentencing Mr. Fleming, Justice George-Creque commented in part that

“The maximum sentence with regard to this offence under the law is eight years. As I said, having pleaded guilty, that automatically gives you a discount with regard to a custodial term in your favour.

I have noticed a trend in Anguilla and which seems to be one either on the rise or that it is a trend which is coming to light. I am not quite sure in terms of where precisely, which it is. Whether persons are more comfortable with reporting these incidents or whether it is as a whole that these matters are simply occurring with more frequency…

Children are precious things. Their minds are precious. And we don’t know, because invariably it’s not the physical damage that is done to that child, it’s the damage that we cannot see or touch, and that child may be affected for her entire life.

Children must be protected from predators. They need protection.”

R v Steve Bryan was traversed to the next sitting of the High Court scheduled for February 2007.

Ronald Scipio QC
Attorney General

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