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Bermuda: Intellectually disabled man faces sex sentence

[royalgazette.com – 7/11/20]

A man who admitted two sex offences against a 13-year-old schoolgirl is be sentenced at Magistrates’ Court next week.

Senior magistrate Juan Wolffe signalled that _____, 27, would probably be sentenced to time served after he spent five months on remand.

_____, from Smith’s, pleaded guilty on February 17 to two counts of committing an indecent act in front of a child aged under 14.

He performed a sex act in front of the girl on April 9 last year at a bus stop in Devonshire.

_____ also exposed himself to the girl, who cannot be named for legal reasons, at the same bus stop the day before.

He appeared in Magistrates’ Court on November 12 last year and denied the offences, but changed his plea and was remanded in custody.

The court heard that _____ suffered from an intellectual disability as well as attention deficit hyperactivity disorder, which made it difficult for him to control his impulses.

Maria Sofianos, the Crown prosecutor, said that _____’s sentence should have “an aspect of rehabilitation”.

But she added that he was aware of his actions and was still at moderate risk of reoffending.

Ms Sofianos said: “It is the humble submission of the Crown that the defendant knew what he was doing was wrong.

“Notwithstanding his mental health challenges, there is no explanation that can excuse his distasteful acts.”

Ms Sofianos asked that _____’s time on remand should be counted towards his sentence and that he should serve at least three years on probation.

She also asked that his name be added to the sex offender registry.

Elizabeth Christopher, for the defence, said that a sex offender registry listing would be too harsh given _____’s problems.

She asked the court: “It looks like he’s going to be in care, effectively, for the rest of his life — do we really need to have him on a sexual offender’s registry under those circumstances?

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  1. Brandon

    This hits close to home for me because I have Aspergers and at the time of my offense I was going through a personal rough time fueled by alcohol consumption.

    Hopefully this individual can get the help he needs to live his life to the fullest!! I’d write more but I would be biased.

  2. AERO1

    This guy apparently has mental health issues.
    The defense attorney prove that the sex offender registry is nothing but punishment she even says “do we really need to punish him by putting him on the registry I feel that’s just too harsh”…

  3. Saddles

    @ AREO The article is interesting . Intellecttally disabbled or Intellecttally unbalanced. Yes I like your answer in a way. Yes we all face challenges. Courts do it every day to try and get true justice for his or her defendant. Wonder why the bible says dare go to court in front of the unjust. Tim n WI can you come up with an IQ for that one or give data factors to when people are gonna kill themselves in prison settings. Does this computer age give one the IQ understanding or rhyme or reason on that. If one could go with a computer theory than answer this, why in the New Testament did God say go buy a sword even two.

    Should that person in question be sent to a mental health court or be sentenced for the rest of his life on some registry for this offense ( I am trying not to use the word sex ). Should all offenders that commit these crimes be sentenced to a small prison term of 4 months and say 2 or more years in church or bible study which is actually the life lesson. I’m sure this act nuanced many and was nunciating enough to make it egregious. The last of the article says do we really need to impose judgement. In many cases it would be a toss up or who is playing the Devil and Daniel webster. Guess one treats everything today like an Epstein ordeal today it seems.

    I love how the english or british banisters use their words in a court of justice. I don’t even think American society could use such powerful words today. And yes they still use the bible over in England and British Oversea’s territories. Course for me and my house Jesus Christ is the only power one needs and to under that all have sinned and we are all still tempted or who walks like an egyptian today. I didn’t much care for that song.

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