RAPIST

were manifestly excessive. He did not contest the sentences imposed for illegal possession of firearm and robbery with aggravation.

Seeking to explain their decision, the panel of three Appeal Court judges who heard Green’s legal challenge pointed to at least three errors by Thompson James in her approach to sentencing.

A social enquiry report produced at Green’s sentencing hearing in 2014 detailed a number of “dysfunctional” relationships with women and his “chaotic and unstable family life”, which included three suicide attempts and chronic use of ganja and crack cocaine.

It also revealed that the female who gave birth to two of his children was under the statutory age of consent at the time, resulting in his conviction for carnal abuse and a two-year probationary period.

The 2014 report indicated that he expressed deep remorse for the wrongs he had done and acknowledged that he was “not yet ready to return to society”.

Carolyn Hay, the attorney who represented Green before the Court of Appeal, acknowledged the seriousness of his crimes, but argued that the sentences imposed by Thompson James were “manifestly excessive” when compared with similar cases adjudicated in the local courts.

POSSIBILITY OF REHABILITATION

The panel of Appeal Court judges, in their decision, said it seem “clear” from Thompson James’ remarks during the sentencing hearing that she did not utilise a methodical approach to determine Green’s punishment, and that not much consideration was given to the possibility of rehabilitation.

“I must tell you also that, in arriving at a just and appropriate sentence, the court must look at the interest of society and strike a balance when considering what sentence the court has to impose ... in some cases, the protection of society is an overwhelming consideration, ”Thompson James was quoted as saying during the sentencing hearing, according to court transcripts.

The Appeal Court judges acknowledged that she made a “passing reference to redemption”, but said “it is clear that her primary focus was on the public interest and what she described as ‘the protection of society’.”