Man jailed for bedroom attack on woman, 66
A man who attacked a senior citizen in her own bed, choking her and trying to rip her clothes off, has been jailed.
During the assault the 66-year-old victim fought back and kicked Andre Gino James, 30, in the groin causing him to flee.
James has been jailed for seven years and two months for burglary and inflicting bodily harm. He originally denied the charges but changed his plea in August on the day his Supreme Court trial was due to commence.
The victim awoke to find the man standing over her bed at 3am on September 1, 2009.
Crown counsel Larissa Burgess said he “leaned over and punched her in the left eye, before the victim could react”. James also punched the woman in the right eye, impairing her vision.
Warning her to shut her mouth, Ms Burgess said he hit the victim again and put his hand over her mouth as he began ripping her clothes off, while choking her at the same time.
Terrified, the victim kicked her assailant in the groin area causing him to release her and run away.
“If the victim hadn’t kicked him in the groin the attack would have been much worse,” said Ms Burgess.
As James fled he left a trail of blood behind where his bloodied hands touched walls and doors on the way out.
The victim screamed for help and was subsequently taken to hospital by ambulance where she was treated for two black eyes and lacerations above her eyebrow and on her nose. Her face and neck were bruised and swollen and she required butterfly stitches to close two cuts on her right eyelid.
She also suffered “soft tissue injuries from the assault and had been the victim of an attempted strangulation”.
Earlier this year James had requested an adjournment, telling his lawyer he was “hearing the voice of God”. He was placed on remand at Westgate Correctional Facility on April 15. At the time Puisne Judge Carlyle Greaves stated the defendant was trying to “bamboozle” the court.
The defendant was assessed on July 11 and was deemed fit to stand trial. The report indicated he had no past or present psychiatric history.
As he was about to stand trial on August 12, James changed his plea to the charges of burglary and bodily assault to guilty.
The court was told James entered the property through an unsecured window and made his way to the senior’s upstairs bedroom.
Ms Burgess said James had “literally terrorised her while she laid in her own bed”.
She added: “This was not a case where the defendant knew the complainant or was caught in the process of trying to steal something from the room.
“The only possible motive on the evidence before this court was to commit a sexual assault and/or to choke the victim to death.”
Ms Burgess said James “literally terrorised her while she laid in her own bed”.
“If not for that kick the defendant might well have succeeded in choking and/or sexually assaulting her.”
She told the court this was not “an opportunistic offence, committed on the spur of the moment without time for reflection”.
“It required detailed planning and premeditation,” she said.
Ms Burgess argued: “Any sentence imposed must specifically deter the defendant, denounce this type of conduct, and generally deter offenders who might seek to invade the homes of others to prey on vulnerable persons,” she said.
“Given the gravity of the offences, the Crown submits that a sentence of eight to ten years’ imprisonment ought to be imposed by this Court.”
A victim impact statement was also provided that the victim asked not to be read out in open court.
Ms Burgess noted that the victim “suffered both physical and emotional trauma that will not easily be overcome”.
“Her bedroom was invaded by a man in the middle of the night who intended to do harm,” she said.
“Society must be protected from persons such as the defendant whose serious criminal conduct is unexplained and unimaginable.”
Lawyer Larry Mussenden, representing James, argued there was no evidence his client planned the attack. He called for a sentence in the region of five years in light of his guilty plea.
Puisne Judge Charles-Etta Simmons said the defendant attacked a vulnerable person who was hit several times and left with impaired vision.
“She was attacked in her bed and you tore her clothes off. You have no one else to blame but yourself,” she said.
“And your assault had a degrading effect on your victim.”
Sentencing James, Justice Simmons also ordered that he be enlisted in educational, vocational and the programme for violent offenders.