SENTENCING STATEMENTS
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HMA v Kelvin Forrest
Dec 13, 2024
On sentencing Judge Susan Craig made the following remarks in court:
"You were found guilty by a jury after trial of two charges of rape. One of your victims had just turned 15 and you were nearly 16. Your other victim was only just 13 at the time and you were 16. You were not in a relationship with either of them but each believed you were someone they could turn to when they found themselves – separately and independently of each other - in a vulnerable situation.
Both of the rapes took place within weeks of each other, at your home when each of your victims came to you for protection because they thought they would be safe with you. Instead of providing that protection you took advantage of them. One victim you raped while she was asleep and continued to rape when she woke up. In both cases you used force to restrain them, pinning their hands and making it impossible for them to escape.
The evidence made it clear that both of your victims were seriously affected by what had happened and that is entirely understandable given the callus way you let them into your home and then forcibly took advantage of them.
The CJSW report prepared for this morning’s sentencing records that you show little or no remorse for your actions, take little or no responsibility, and have very limited insight into the impact your actions on your victims.
In terms of risk, you are assessed as being in the High risk category of sexual reconviction using both of the risk assessment tools. That is of concern to this court and will be reflected in the sentence I will impose.
I have had regard to the guidelines on the sentencing of young people, as well as the other guidelines on sentencing. I have taken account of your age, your relative lack of maturity at the time of our offending, along with your background and issues with your physical and mental health. While I have to have regard to the possibility of rehabilitation, give the gravity of these crimes I am satisfied that a sentence of detention is the only appropriate disposal.
I am also satisfied that given the level of risk identified in the CJSW report the normal period of licence to which you would be subject following your release from detention would not be adequate to protect the public from the risk of serious harm that you present.
Weighing all this together I will be imposing a cumulo extended sentence of 7 years comprising a detention period of 4 years with an extension period of 3 years.
Had I been imposing separate sentences on each charge I would have imposed sentences of detention on each charge of 3 years with an extension period of 2 years.
You will remain subject to the notification requirements applicable to sex offenders for an indefinite period, and your name will be added to the lists of persons deemed unsuitable to work with vulnerable groups.
Finally, I refuse the Crown’s motion, made at the bar this morning, to grant a NHO in relation to each of the victims in this case. No adequate vouching for the necessity of such an order has been produced, you are about to commence a lengthy period of detention and there was no suggestion that you breached your special bail conditions at any stage."
13 December 2024