Rapist to spend 12 years in jail

The 32-year-old, of Blackmans Tenantry, St Joseph, was sentencedon Thursday by Justice Randall Worrell, who also ordered that he get the psychotherapy and psychological treatment at Dodds Prison in relation to his lack of anger management and his antisocial behaviour, as he pointed out that the attacks were unprovoked.

Austin had pleaded guilty to unlawfully and maliciously wounding Jason Bynoe on October 10, 2008; on February 11, 2020, he unlawfully and maliciously wounded Azaria Thompson; and April 11, 2014, he had sex with a woman without her consent or was reckless as to whether she consented. He was represented by Senior Counsel Angella Mitchell-Gittens.

The judge said the rape, by its very nature, along with the use of a firearm, had to attract a custodial sentence and he started at 27 years.

He told Austin he used a firearm to lure an unsuspecting young woman whom he knew to subject her to “this distasteful act in the presence of a two-year-old” which was also a breach of trust.

“In this sexual offence there was use of a gun. This particular kind of sexual offence is to be abhorred,” Justice Worrell stated in Supreme Court No. 2.

“The court does accept that you have been bedevilled by anger issues and antisocial behaviour . . . . These are all matters that once you adhere to the regime at the prison, can be treated and in any event, based on the . . . reports you are to be accorded the full psychotherapeutic measures available at the prison; that is part of this sentence. The prison is to make all allowances for you to ensure you meet with the psychotherapist, the psychologist, so that you can get the treatment that is necessary for you to curb your anger management issues and antisocial behaviour.”

Starting at 27 years, Justice Worrell applied the mandatory discounts for time spent on remand, delays in the system,

a guilty plea, among others, leaving a sentence of 4 650 days or 12.7 years.

He said in the case of Bynoe, it was an unprovoked attack with a scissors and the complainant had to take his shirt and push his intestines back into his stomach just before he collapsed. He was taken to the Queen Elizabeth Hospital via the Barbados Defence Force’s ambulance where was operated on and detained.

The judge said that while the two men came to high words, Austin chose to attack him with a pair of scissors and the offence met the threshold for a custodial sentence based on its seriousness, and that it was severe and unprovoked.

While Austin’s guilty plea and acceptance of the facts showed he had taken responsibility for his action and his apology earlier showed some remorse, that did not in any way detract from the seriousness the unlawful action, Justice Worrell said, adding the incident had no mitigating factors.

Reduced starting point

He said Austin’s previously clean record, his guilty plea, time spent on remand and delays in the matter, including awaiting psychological reports and assessments, reduced the starting point of seven years to 981 days or two-and-a-half-years.

In the case of Azaria Thompson, she had to be resuscitated with intravenous fluids following the attack that left her with penetrating wounds to the head, neck, chest and abdomen. She also suffered cardiopulmonary distress.

“Mr Austin, you are extremely fortunate not to be before the court on another matter, particularly a capital matter, and you are equally even more lucky that you have not been charged with attempted murder,” the judge stated.

Thompson, who had to be taken directly to the operating theatre to have several injuries repaired, including the right external jugular vein, told the court the experience was traumatic. The assault was extremely violent and left her nearly mortally wounded.

There were no mitigating features of the offence which the judge said had a starting point of nine years and was reduced to 1 095 days or three years following discounts for a guilty plea, time on remand and delays.(AC)