By Gloridene Hoyte
Justice Brian Cottle on Monday jailed for 26 years, two months and one day the man who had begged him to visit the prison before his tenure ends on Wednesday.
Calvert Toney, 53, of Colonarie, was further sentenced to two years and three months for assaulting his rape victim, causing actual bodily harm charge.
However, he will only serve the longer of the two charges as they are to run concurrently.
The jury that convicted Toney of rape and assault failed to reach a verdict on an abduction charge, which the prosecution later withdrew.
After the sentencing, Toney told the judge that he intended to appeal the sentence.
Cottle informed him that he had 14 days in which to do so.
The facts, according to the judge’s summary, are that on the night of March 6, 2020, the virtual complainant (VC), who was 29 at the time, was drinking beer at a bar in Byera with friends.
The defendant later came in a rented vehicle and invited her to a disco in South Rivers, where an event was being held.
After they left the bar, Toney promised to take the VC home.
On their way home, Toney dropped off another couple at Park Hill. Then, on the way to take the VC home, Toney, who had a knife, used it to threaten her and told her to shut up.
He drove past her home and took her to a deserted area at Rabacca and told her to remove her pants and panties.
The VC hesitated and Toney slapped her. He slapped her a second time and she complied. He forced her onto the passenger side of the front seat of the vehicle and had sex with her.
He threatened her saying he would harm her young children if she spoke about the incident to anyone.
She assured him that she would not speak about it and he drove her home.
At home, the VC showered and sat on the foot of the bed crying.
Her boyfriend’s daughter who lives downstairs the house came upstairs and met her crying.
The VC then told her that Toney had raped her.
She was encouraged to report the matter to the police but expressed fear since she had been threatened.
The VC then went to the neighbour who encouraged her to report the matter to the police despite the threat.
The neighbor eventually telephoned the police who invited the VC to the Colonarie Police Station to file a report.
The doctor found that the VC has swelling in the area of the eyes and tenderness and bruising in the vagina, consistent with rough sexual intercourse.
Multiple convictions for sex crimes
Toney has 14 previous convictions including for rape, indecent assault, and multiple conviction for assault causing actual bodily harm.
According to the social inquiry report, Toney continued to maintain his innocence.
He said he would pay the VC to have sex with her but the VC denied that this was the case on the night of the incident.
Toney’s family described him as “quarrelsome in character”. They did not believe that he had raped the VC, saying that she could be promiscuous, especially when drunk.
Members of the community described Toney as “aggressive”.
Justice Cottle used a starting point of 22 years and 6 months on the rape charge.
Aggravating of the offence was that Toney ejaculated and there was some degree of planning and premeditation. Toney used a weapon to carry out the crime and he used force by slapping the VC twice.
The victim was traumatised, she was exposed to the risk of contracting sexually transmitted diseases, and her reputation was tarnished.
The judge found nothing mitigating of the offence.
Aggravating of the offender was that Toney showed a lack of remorse and has a history of convictions, including sexual violence.
There was nothing mitigating to the offender. The aggravating features outweighed the mitigating and a further four years was added, taking the sentence to 26 years and six months.
After the time on remand — three months and 29 days — was deducted, Toney was left with a further 26 years, two months and one day in prison.
On the physical assault charge, which attracts a maximum of five years imprisonment, the judge started with a sentence of two years and three months.
He did not adjust the sentence so as to avoid double-counting the aggravating and mitigating features of the offence. Also, the time spent on remand had also been deducted from the sentence on the rape charge.
Rose-Ann Richardson appeared on behalf of the Crown. Toney was unrepresented.
He deserves to remain in jail for the rest of his life! He’s a demon! He deserves some punishment too. Hope other rapists learn a lesson from this horrible incident!
so why other rapist still wearing jacket an tie and sitting on cloud nine ? man yo should ah nolliprost , the calypsoian says that this is not a real place.