‘Tone Boss’ jailed for 12 years
What CCTV footage did not show in an attempted rape at Indian Bay last year is that Terrano “Tone Boss” Samuel did not retreat until a man who heard the struggle threatened to shoot him.
Samuel, was sentenced at the High Court on Tuesday, October 29, on four counts, including attempted rape, abduction, assault causing actual bodily harm, and indecent assault.
The 19-year-old shot to notoriety last year after CCTV footage capturing him pouncing on his intended victim was spread across social media.
The court heard that the victim in the matter had gone swimming at the popular beach at around 1:30 p.m. on September 11, 2018. After she finished swimming and was walking back, she was grabbed by Samuel and pulled to a nearby abandoned hotel.
“She screamed, she asked the prisoner what he wanted, he didn’t reply,” Justice Brian Cottle revised for the court record.
He tried to remove her shorts, and was unsuccessful. Samuel then threw her to the ground before stomping on her stomach.
She then regained her footing, and kicked Samuel.
“An occupant of a nearby building was attracted by the noise of the struggle and when he saw what was taking place he shouted at the prisoner (Samuel) that he would shoot him,” the Justice stated.
Samuel fled, and evaded capture by the said person. However, CCTV footage from a nearby building would later reveal his actions.
He pleaded guilty to the four charges laid against him in September, 2019, and sentencing submissions were filed by crown counsel Renée Simmons.
The High Court is using new guidelines by the Eastern Caribbean Supreme Court (ECSC) for sentencing sexual offences. This takes the court through a process, beginning with establishing an appropriate starting point.
Cottle considered that the victim has suffered severe psychological impact due to the incident and is hyper vigilant now. She has had to move house twice due to her insecurities, and she is no longer with her fiancée. She is considering moving because she is afraid of when the prisoner will be released.
He also considered the added element of abduction.
Therefore, he felt that he would start at 50 percent of the maximum penalty for the offence. The guidelines determine that he may start between the 35 percent to 65 percent range of the maximum penalty. In this case the maximum jail sentence would be life imprisonment, which is seen as 30 years.
Aggravating features of the offence noted were, that it was a daylight crime, and “the prisoner violently attacked the virtual complainant, he only stopped when the witness to the assault threatened that he would shoot him.”
There were no mitigating for the offence.
Consequently, the Justice moved up to 55 percent of 30 years.
The offence is further aggravated because he was 19 at the time, and on bail for a rape charge. He cooperated with the police, but the Justice felt this may have had something to do with the CCTV footage.
The sentence then went up to 60 percent of 30 years, to 18 years. Samuel pleaded guilty so the final sentence is 12 years for the attempted rape.
He was given two years imprisonment, three years and one year on the other counts, which will run concurrently.
Considering he has already spent time in prison, with this subtracted from his sentence, he was told that he must serve 10 years, nine months, 17 days, from Tuesday.