Finding that the judge who conducted his trial had not complied with sentencing guidelines, nor considered mitigating factors, the Court of Appeal has reduced to 20 years; the two life sentences which had been imposed on child rapist Mark Campbell.
The appellate court varied the sentences to 20 years on each conviction, but ordered that they be served concurrently.
Additionally, it reduced by half, the 30 years which the trial judge had ordered must first be served before Campbell is to be considered eligible for parole.
Back in 2017, a jury convicted Campbell of sexually penetrating a six-year-old boy twice—during the month of Septem-ber, 2011—and again on July 10th, 2013, when he was eight years old.
Justice Simone Morris-Ramlall sentenced him to life in prison; underscoring the seriousness and prevalence of the offence, while noting the position of trust he would have breached by committing the act; and further alluded to the physical, psychological and emotional trauma which had scarred the children.
Campbell subsequently appealed, arguing that the sentences were too severe and that the judge did not consider factors in mitigation.
Reading the court’s ruling, acting Chancellor Yonette Cummings-Edwards said that notwithstanding the state’s argument that the offence is both serious and prevalent, the court, in accordance with the legal authorities, must consider both aggravating and mitigating factors in arriving at a sentence.
Mitigating factors, the Chancellor noted, ought to be a guide, and must be shown to have at least been considered, though a court may in the final analysis conclude that no weight can be attached thereto.
She said that such factors must be considered, especially in the instance, as with Campbell, he was unrepresented.
The appellate court noted from the case file, a seemingly remorseful Campbell begging for leniency.
The Court of Appeal was keen in pointing out, however, that the offences committed were no doubt of a grave nature.
In all the specific circumstances of the case, however, the Chancellor said that the reductions were warranted.
The appeal was heard by the Chancellor and Justices of Appeal Dawn Gregory and Rishi Persaud.
Campbell was represented by attorney Ronald Daniels; while the state’s case was represented by Prosecutor Teshana James-Lake.
