(Trinidad Express) A fine of $5,000 instead of a prison sentence has been imposed on a Penal mason who pleaded guilty to having sex with a 13-year-old girl in 2012 because it was a “one-off” offence and the accused had a clean criminal record, among other reasons.
The fine was imposed yesterday by Justice Hayden St Clair-Douglas following a guilty plea entered by Parmand Bachan in August.
In addition to the fine, Bachan, 28, was ordered to report to officers of the Freeport Police Station once per year for the next five years.
Additionally, his name is to be registered with the national sex offenders’ website and registry, in accordance with provisions of the Sexual Offences Act.
In passing sentence, Justice St Clair-Douglas said the punitive objective of sentencing was not paramount in this case because of deterrence of the offender to likely reoffend was not necessary.
Additionally, the judge took note of Bachan’s remorse, the fact that there was no orchestration, planning or grooming in the commission of the offence.
In fact, he pointed out that based on the State’s case, the girl was the one who had initially approached Bachan and encouraged him to have intercourse.
While the judge said this was no excuse for an adult to engage in intercourse with a minor, he pointed out Bachan had initially refused but eventually gave in.
It was the prosecution’s case that on January 26, 2012, at Rochard Douglas Road, Penal, the victim called out to Bachan as he was passing by her home.
She was home alone although she had been sent to the home of a neighbour while her mother was in hospital.
The evidence suggested that after the girl called out to him, Bachan refused to enter her home, but eventually did so as the girl persisted.
According to facts presented in court, Bachan joined the girl on a hammock and she began kissing him.
They then went into a bedroom where she suggested they have sex.
The facts further stated that Bachan again refused to have intercourse, but eventually gave in.
“She was a willing, encouraging participant,” the judge said, but maintained it was not a defence that the court considered a mitigating factor.
Justice St Clair-Douglas pointed out that under the Sexual Offences Act, the penalty for such an offence was up to life in prison.
“Sex with under-age females is off-limits and punishment will be severe,” he said.
The judge went on to add that each case must be determined on its individual basis.
“The fact that the virtual complainant willingly participated in the sexual activity is not a factor to ameliorate the sentence with a reduction,” he said.
He said Bachan was 18 years old at the time of the offence, had a clean record before and has not reoffended since.
“It was a one-off offending,” said the judge.
Justice St Clair-Douglas said he was of the opinion that the appropriate starting point of sentence for such an offence was 30 months. Taking into consideration the mitigating factors and Bachan’s previously clean criminal record, this term of imprisonment was reduced by 12 months.
Bachan also received an additional one-third deduction in sentencing due to his guilty plea.
Having taken into note all of the factors, the judge said he also considered the impact of Covid-19 and felt it appropriate to suspend the sentence and have Bachan pay a $5,000 fine.
He was given six months in which to pay, and if he fails to do so he will serve his year with hard labour.
