In Magistrates Court today [Feb 27] Ajani Albouy-Lovell, 22, was given a six month suspended prison sentence after being convicted of three counts of unlawful carnal knowledge of a girl aged 14.
Magistrate Archie Warner heard from Prosecutor Susan Mulligan that the Crown had taken into consideration the facts that the 14-year-old victim had invited Albouy-Lovell to her home on the three occasions; had ensured that her parents were out; and had cleared up after he had left. The offences occurred in 2012, and the defendant pleaded guilty to the offences in a prior court appearance.
The Crown said that this showed no suggestion of unwillingness on the part of the victim or coercion by Albouy-Lovell; nor was there any evidence of grooming nor was Albouy-Lovell in a position of trust or care. It was also pointed out that there was a Victim Impact Statement from the victim’s father, but no such statement from the victim herself.
The Crown suggested that a sentence of imprisonment was still in order as it would demonstrate the seriousness of Albouy-Lovell’s action in that he was a mature man who ought to have made better decisions.
Albouy-Lovell’s lawyer agreed that young girls needed to be protected, even from themselves. He pointed out that the Social Inquiry Report on Albouy-Lovell had indicated that he is remorseful and that there is little risk of his re-offending in this way. He said that Albouy-Lovell had been unable to get a bail surety and, as a result, had been held in custody since November 2012.
His lawyer objected to the recommendations of a post-release curfew and use of an electronic monitoring device. The Crown Prosecutor agreed with this saying that the Crown saw no need for Albouy-Lovell to be restricted. The defence lawyer pointed out that Albouy-Lovell had already been incarcerated by being held on remand for three months, and agreed with a suspended sentence.
Magistrate Warner’s sentence was that Albouy-Lovell was for six months in prison, but that this prison time was to be suspended for two years. In addition Albouy-Lovell was to be put on probation for two years and was required to take any programs as recommended by the Department of Court Services.