Time served: sex offender given suspended sentence
A repeat sex offender who invaded a woman’s privacy has been sentenced to 14 months behind bars.
Kevin Rubaine, 49, admitted the charge when he appeared in Magistrates’ Court on December 23, one day after he committed the offence, and has been remanded in custody since then.
The court heard that the Devonshire resident has mental health challenges and previous convictions for committing sexual assaults on public buses in 2013, 2015 and 2018. He was sentenced for the intrusion charge on Wednesday.
Prosecutor Linton Robinson highlighted that the December intrusion occurred in public and resulted in psychological harm to the victim, who cannot be named for legal reasons.
However, Mr Robinson also stated that Rubaine’s mental state diminished his responsibility for the offence, which he said warranted between 12 and 18 months behind bars.
Susan Mulligan, Rubaine’s lawyer, said her client has not had stable employment or housing for more than 20 years and functions better in structured environments such as the Westgate Correctional Facility.
Ms Mulligan suggested that Rubaine be sentenced to time already spent in custody for the intrusion.
Senior magistrate Maxanne Anderson sentenced Rubaine to an additional six months behind bars, suspended for two years, as well as two years of probation.
Conditions of Rubaine’s probation include not committing another offence within two years, participating in programmes recommended by court staff and attending Probation Review Court starting on October 28.
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