Four years ago, he fondled a 12-year-old girl’s breast and last week, Christopher O’Brien Harris was sentenced for his crime.
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With a starting point of two years out of a maximum five-year penalty, Justice Donna Babb-Agard, in sentencing Harris, of Thornbury Hill and Lower Carter’s Gap, Christ Church, deducted time for delays in the matter and mitigating factors, leaving him with 456 days to be spent behind bars.
However, the judge said she thought justice would “be best served” for the first-time offender through compensation.
He was therefore ordered to compensate the teenager $8 500, of which $2 000 had to be paid forthwith. If Harris fails to pay the remaining $6 500 in nine months, he will be jailed for the 456 days.
He had denied indecently assaulting the girl on July 13, 2022, but in June this year, a jury in Supreme Court No. 4A unanimously found him guilty of committing the act.
The court heard from the complainant that she was at home alone that day, during lockdown, sitting at a table and participating in online classes when Harris entered the house, came up behind her, squeezed her right breast and started sliding his hand downward. She pushed it away.
However, Harris’ recollection was that he gave the girl “a quick hug” around her neck.
No premeditation
Prosecutor Senior State Counsel Kevin Forde had suggested a three-year starting point based on the age disparity, breach of trust and the vulnerability of the girl, or alternatively, a $10 000 fine.
Defence attorney Dennis Headley asked the court to consider that it was an isolated incident with no premeditation or grooming. He said Harris’ actions had occurred during a moment of close proximity and his client deserved a non-custodial sentence, a suspended one or a $5000 fine.
Last Wednesday, Justice Babb-Agard referred to Harris’ favourable pre-sentencing report, his stable background, his remorse, lack of convictions and that he had been raised in a close-knit family. His neighbours had also described him as helpful, industrious and law-abiding.
‘A trap’
However, the judge pointed out that the primary objective was the safety of the public and any sentence ought to match the severity of the crime and serve as a deterrent. When the victim should have felt safe in her home, “it became a trap”, she told the convicted man.
She added that his actions that day were “egregious” and such behaviour “can shatter a young child’s life forever”. (SD)