Judge Errol Thomas, left, and law officials at the opening of the New Law Year
Judge Errol Thomas, left, and law officials at the opening of the New Law Year

A 45-year-old burglar who added intent to rape to his trespassing is now spending four years at the Stock Farm State Prison.

Actually, Elvis Casimir was given two prison terms of three years two months for theft of $1200 at her apartment in a Roseau suburb and four years for burglary with intent to rape, both to run concurrently.

Casimir appeared before His Lordship Justice Errol Thomas for sentence at the Roseau High Court on Friday November 13, 2015. He had pleaded guilty to the charges when he showed up for his trial on Monday October 19. Another count of simple burglary was withdrawn by the State.

State Attorney Sherma Dalrymple told the judge and the court that between December 23-24, 2012 the defendant entered the home of the virtual complainant about 3:20am on the 24th. He had a large piperinge in his possession. He woke up the woman and told her he had come to give her "a little roughtay tonight!"

She asked him if he had a condom. She told him she had in her bathroom and would get it. She took her cell phone with her and went into her bathroom and locked the door. In the temporary of the bathroom she called two neighbours. The accused called to her to come out. She also heard things being moved around her apartment during which time he took her $1200 which she had for her rent and a family matters.

The neighbours came and saw the accused coming from the apartment in their direction. They asked what he was doing there. He said: those women like scandal. They see me drinking my drink and making noise.

He took off but not before he was recognised. A report was made to the Roseau Police Station. Officer Jeffrey James was put in charge of the investigation. He admitted to the policeman that he had come to put something on her.

Dalrymple informed the court that the defendant had previous convictions.

Counsel Peter Alleyne mitigated on behalf of Casimir and began by making the point that the previous convictions of the defendant were on the same day on June 23, 2011 for malicious damage and carrying an offensive weapon for which he was made to pay compensation.

He described the defendant as a hardworking man who was well known around the community. He took full responsibility for his actions. He had not put his victim through a trial, and asked the court to give him as much of his one-third as was reasonable. Alleyne found that the woman had outsmarted him when he gave her the opportunity to get a condom.

Justice Errol Thomas noted that the prison terms for theft was 10 years and for burglary with intent to rape 12 years. The principles of sentencing – retribution, deterrence and protection of society were applicable in that case. And then there was the matter of the piperinge which was a heavy piece of equipment.

According to the social inquiry report the actions of the burglar had affected the victim who since had to seek alternative accommodation. However, he had worked hard all his life but had made bad choices in 2011 and 2012.

Judge Thomas set his notional sentences at five and six years for the theft and burglary with intent to rape respectively. After deducting the one-third for the guilty pleas, the judge sentenced Elvis Casimir to three years two months and four years respectively for the offences to run concurrently.