A man who maliciously claimed on Facebook that his former girlfriend would perform sexual favors for a fee had his 18-month prison sentence reduced to 12 months on appeal.
As a result of Clement Sinclair’s post, the woman received numerous phone calls that caused her great distress and put her in fear of her life.
Sinclair pleaded guilty to intentional libel at his arraignment on January 4 before Magistrate Kara Turnquest-Deveaux.
Prior to sentencing, he said he was sorry for his actions and wanted to apologize to his victim.
After giving Sinclair credit for an early admission of guilt, Turnquest-Deveaux imposed an 18-month-long prison term due to the seriousness of the offense.
The appellate court found that the sentence was unduly severe given the circumstances but noted that the lesser sentence “does not downplay the seriousness of the offence and the level of distress caused to the virtual complainant”.
As a result, the court substituted the 18-month sentence with one of 12 months.
The court also reduced the $1,000 compensation order to $500 after finding that the magistrate had failed to comply with the penal code by doubling the payment cap.
If Sinclair fails to make the payment, he will spend an additional three months in prison.
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