Man fined and given suspended custodial sentence over on-line sexual images

A 34 year old man was given a suspended sentence and fined for transmitting sexually explicit images of a woman online, whom he was “badgering” to have sex with him.

Lendon Abraham, who works as a security guard, appeared at the Kingstown Magistrates Court before Senior Magistrate, Tammika Mackenzie on May 7, 2024, where he pleaded guilty that between April 1, 2024, and April 6,2024 he used a computer system to send threatening messages to the complainant. He was also charged with the unauthorized transmission of sexually explicit images containing personal identification information without the complainant’s consent. This offence was said to have been committed on April 16, 2024.

Abraham was remanded into custody pending sentencing set for May 16, 2024. The facts were heard in-camera. However, the sentencing was done yesterday, May 23,2024, in open court. When sentencing, Senior Magistrate Mckenzie considered that Abraham intended to cause fear and distress to the virtual complainant through his conduct.

Mckenzie said that she came to this conclusion because Abraham told the virtual complainant that if she did not have sex with him, he will publish the sexual photographs he had of her. She also considered that there was a high degree of planning and sophistication in committing the offences. Mckenzie said that persons have also seen the photos of the virtual complainant.

She also considered that the photos were actually shared, as Abraham did not just plan to commit the offence, but actually executed his threats. She noted that Abraham was “badgering” the virtual complainant to have sex. She said there was a breach of trust “for the virtual complainant to share with you her most intimate parts” and then using the photos against her.

“I find that particularly disturbing,” Mckenzie commented.

The Senior Magistrate also considered that the offences caused distress and psychological harm to the virtual complainant, and how Abraham told her that “her church people would find out”. She noted that Abraham attempted to conceal his identity by using a different account other than his normal account to commit the offences. He also used a different number to convince the virtual complainant to have sex with him.

Mckenzie said that the photos are now in space and that there was a relatively wide circulation of the images on two social media platforms. She added that Abraham is not a virgin to the law, but his two previous convictions are not relevant to this matter, as they are about wounding and damage to property. She continued, that Abraham cooperated with the police to an extent, and did not initially express remorse for his actions.

Mckenzie considered Abraham’s guilty plea and sentenced him to 13 months, and six months and 15 days respectively. Time spent on remand which amounted to 16 days, was deducted from the sentences.

“So your honour, you can’t charge me money?” Abraham questioned.

Senior Magistrate Mckenzie told him that he will receive both a fine and a custodial sentence. For the first offence, he was fined $10,000 to be paid in one year, in default of which he will spend one year in prison; and for the second offence, he was fined $2,500 to be paid in six months with a one year prison sentence in default. However, Senior Magistrate Mckenzie suspended the custodial sentences for three years.