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UPDATE: Penn will get consecutive sentences - Judge

- Judge assures High Court today that Andre Penn will be given consecutive sentences; sentencing now set for late January 2015
December 5th, 2014 | Tags: Andre Penn guilty Darshan Ramdhani sex charges minor
High Court Judge Darshan Ramdhani‎ today December 5, 2014 made it abundantly clear to the court and the attorney representing sex offender Andre Penn (seen above leaving court today) that there is no doubt that he will be slapped with custodial sentences which will run consecutively. Photo: VINO
Andre Penn being escorted out of the High Court this evening in hand cuffs. Photo: VINO
Andre Penn being escorted out of the High Court this evening in hand cuffs. Photo: VINO
In total Andre Penn has today December 4, 2014 been found guilty of 7 counts of indecent assault, guilty of two counts of a girl under the age of 13 year, guilty of two counts of buggery and not guilty of one count of buggery. Photo: VINO/File
In total Andre Penn has today December 4, 2014 been found guilty of 7 counts of indecent assault, guilty of two counts of a girl under the age of 13 year, guilty of two counts of buggery and not guilty of one count of buggery. Photo: VINO/File
ROAD TOWN, Tortola, VI - High Court Judge Darshan Ramdhani‎ today December 5, 2014 made it abundantly clear to the court and the attorney representing sex offender Andre Penn that he (Penn) will be slapped with custodial sentences which will run consecutively.

"I am minded to give custodial sentence in this case," said Justice Ramdhani. He also told the court, “I'll be doing your client a disservice if you try to press me today.”

He also said that he was startled by sentences that were handed down in the previous trial of Penn.‎ "I am startled by the starting point of seven years and I am startled by the ending point of eight years," said the judge. "I have seen the judgment but I am not bound by it at all."

Penn is being represented by UK judge Jerome Lynch QC who tried to persuade the judge to pass sentence today but the judge made abundantly clear that such would not be the case.

The Director of Public Prosecutions (DPP) Wayne L. Rajbansie also agreed with the judge when he said, "Expediency may cause injustice."

In adjourning the sentencing to a date to be decided towards the latter part of January 2015, the judge also ordered that the victim presents herself to the relevant authority to be evaluated.

The judge told Penn that he is free to bring along any witness to represent him during the sentencing hearing whenever that date is set.

See previous article published on December 4, 2014:

UPDATE: Andre Penn remanded!

-Found guilty on more sex charges

ROAD TOWN, Tortola, VI – After emerging from a second session to attempt to arrive at a unanimous decision the jury returned with their position of being divided in the case of Andre Penn, found guilty earlier this afternoon December 4, 2014 of seven counts of sexual offences against a minor.

In a majority decision the jury found Andre Penn guilty of the other charge of having sex with a girl under the age of 13, one other count of indecent assault, and two more counts of buggery. In the final count of buggery the majority found him not guilty.

In total he has today been found guilty of 7 counts of indecent assault, guilty of two counts of having sex with a girl under the age of 13 year, guilty of two counts of buggery and not guilty of one count of buggery.

The court will resume tomorrow December 5, 2014 to deal with matters of sentencing. Penn has been remanded to prison until tomorrow when he is to return to the High Court at 12:00 noon.

See previous article published on December 4, 2014:

HC Jury finds Andre Penn guilty for 7 charges!

- decision on 5 other charges to come

ROAD TOWN, Tortola, VI - ‎Andre Penn was this afternoon December 4, 2014 found guilty in the High Court (HC) on six counts of indecent assault, and one count of having sex with a girl under the age of 13 years.

However the jury was not unanimous in their decision on one count of having sex with a girl under the age of 13, two counts of indecent assault and one count of buggery. Judge Darshan Ramdhani presided over the trial. 

The jury has returned to further deliberate to see if they can come to a unanimous decision on those counts where the decisions are split. Should they return with the same position the Judge will determine if the court will accept a majority decision.

The Jury went into deliberation at approximately 1:10pm today and emerged with their decision hours later. 

Penn's case has had several adjournments. Justice Albert Redhead, prior to the October 2013 assizes, had even told Penn that the court had been bending over backwards to accommodate him.

When Penn had appeared before Justice Redhead shortly before closing the previous assizes he was told in no uncertain terms by Justice‎ redhead that he would be tried despite it would not be by him.

When Justice Vicki Ann Ellis had opened the final High Court criminal assizes for the year 2013 on October 1 she let Mr Penn know that there would be no adjournment when his matter would have come up for trial on November 18, 2013.

86 Responses to “UPDATE: Penn will get consecutive sentences - Judge”

  • ccc (04/12/2014, 17:40) Like (19) Dislike (128) Reply
    Oh no!!!!!
    • Nancy (04/12/2014, 19:17) Like (59) Dislike (10) Reply

      What do you mean by Oh no? Did you expect him to walk away a free man?





      • @ Nancy (04/12/2014, 21:55) Like (10) Dislike (88) Reply
        yes i did as he only in jial because he is a local
        • @ccc (05/12/2014, 08:57) Like (40) Dislike (0) Reply
          Yyou sound so stupid..so locals cant go to jail when they did something wrong?
        • **** (05/12/2014, 10:04) Like (32) Dislike (7) Reply
          @ccc If that was your daughter you would have been singing a different tune won't you......fool.
      • ___ (05/12/2014, 01:14) Like (12) Dislike (67) Reply
        I expected him to get a fair trial...I don't think he did.
        • tretretrete (05/12/2014, 11:10) Like (26) Dislike (5) Reply
          If it was daughter I guess the trial would be fair right?? ABOUT TIME!! He run long enough!!
    • Wellmehboi (04/12/2014, 19:40) Like (50) Dislike (10) Reply
      A second trial and he found guilty again? There is truth to the story then. Why he don't stop running and face the music. He would have been out by now and people would have forgotten if he was repentant. Sorry, but prison is also for the educated -- justice must be blind.
      • Sham (05/12/2014, 01:16) Like (15) Dislike (50) Reply
        found guilty again because some of the jurors were the same! that is not objective regardless of outcome.
  • *** (04/12/2014, 17:59) Like (29) Dislike (133) Reply
    there are some facts which leave me to believe that he could not get a fair trial in the BVI. One being he was originally acquitted. then with a new jury, there were some same members as on the first jury. getting judged twice by the same people. He had a hard time getting solicitors over from UK to defend him because no one local would. And frankly, you yell rape loud enough, the truth gets kicked out the door. No one likes child or sexual abuse, but I do not think he got a fair trial.
    • Concerned!! (04/12/2014, 19:03) Like (67) Dislike (14) Reply
      @*** You worried that he was found guilty twice....how much fairer you want it to get? why don't you worry about the the child whose life is now messed up and who had to go through the trial, scared, frustrated, worried about how her school mates see's her and now have to be going through counselling? are you not worried about that? Do you think the job of a juror is easy? do you think they want to sit on cases? they have no choice and all are professional educated people and I sure bet not one of then from the first trial to the second held malice in their heart's towards him; they did their job so let justice prevail!!! Worry about that!!!
      • *** (05/12/2014, 01:23) Like (13) Dislike (98) Reply
        did you know the "child" was always in trouble for fighting in school and acting out? She has a history according to her teachers. I am not sure she is the innocent as you think. Which gets to the point-- no one condones any of this disgusting behavior-- but what is the easiest way to get back at someone so that people automatically believe you?? This is a witch hunt because the court wants to save face. Justice Redhead lost credibility to me when he started making prejudicial remarks from the bench which could have influenced the jury. His comments were highly unprofessional. and in a new trial you don't have the same jury. period. there should not have been the same members.
        • @*** (05/12/2014, 09:00) Like (29) Dislike (9) Reply
          Stop defending wrong..that give him no right to do what he did to that child..he's a big man..he needed to stay in his lane...
        • Delante (05/12/2014, 12:24) Like (8) Dislike (6) Reply
          You need to do your research before commenting. You are so wrong in what you are saying. Clearly, you have no knowledge of this case at all. Justice Redhead? Are you saying that he did the first trial? And are you saying that the jury was the same as in the last trial? Listen, stop feeding off what other ignorant people tell you and do your own research. When you have done that, come back on here and apologize!!
          • @ Delante (05/12/2014, 14:55) Like (5) Dislike (0) Reply
            Thank you! Geesh!
          • )))) (05/12/2014, 16:15) Like (21) Dislike (8) Reply
            Judge Charles was the first judge. She was very active in protesting child and sexual abuse. She had just finished rallying for the cause when she got the case. I think she should have recused herself because of conflict of interest and prejudice.
            • Lawyer (05/12/2014, 22:27) Like (7) Dislike (14) Reply
              A judge only presides over trial so get off justice Charles' back. What about this judge now? Did he rally for a cause. Justice Charles gave him a lenient sentence. In fact a pat on his wrist. You wait for the consecutive sentences which this judge will give him. And he who laughs last laughs best. He should never have appealed a Justice Charles' ruling.
        • really..... (05/12/2014, 13:50) Like (35) Dislike (6) Reply
          perhaps her acting out and fighting in school was as a result of what was happening to her behind closed doors......
          those are signs......
        • @*** (06/12/2014, 09:24) Like (7) Dislike (0) Reply
          Children can't explain to anyone when they are being sexually abuse or talk about it, so most of them tend to react in different ways and one is always getting in trouble, if only we will stop and look and try to learn we will be able to help. The child who is abuse is in so much pain and it escalate when we doubt them, one of the thing the abuser use to keep them in fear of telling anyone or saying anything is no one will not believe you. Please let us educate ourselves so we can do something to help.
        • wize up (06/12/2014, 11:15) Like (4) Dislike (3) Reply
          @****** if the child was acting up and getting in trouble this should let the teachers raised their eye brows... something was wrong. children act out when they are abused. guess the teachers are too dumb to see that. must be adventist who are too holy to address such issues.....
        • Just Sad (07/12/2014, 08:46) Like (3) Dislike (3) Reply
          So u are now trying to blame the little girl for what happened to her? Seriously???
          • no blame (08/12/2014, 12:20) Like (2) Dislike (1) Reply
            Of course not. But these factors are realistic. Girls find power in accusing. This is like the witch hunts in Salem where girls pointed fingers.
    • Cha (04/12/2014, 19:36) Like (38) Dislike (12) Reply
      Finally he got what he deserves
    • Sense alone (04/12/2014, 20:17) Like (39) Dislike (12) Reply
      He had two fair trials and both times received the same verdict. Now we await the "book" to be thrown at him during sentencing.



    • Hogwash (04/12/2014, 20:31) Like (40) Dislike (7) Reply
      ahhhhhhhhhhhh shuttt upppp.....
    • OK Then (04/12/2014, 20:55) Like (18) Dislike (5) Reply
      That is your opinion. Even if they had held his case in a different jurisdiction with different jurors where no one knows him; who knows the results would probably be the same. It is sad if in fact he did what he is being accused of. Sad!
  • doc (04/12/2014, 19:25) Like (53) Dislike (5) Reply
    He was never acquitted so you get your facts straight. The appeal court had ruled that the judge at the time did not administered a warning to the young lady and they order a retrial. You have to understand that sexual offences cases are the hardest a man can get away from
    • dog (05/12/2014, 01:27) Like (11) Dislike (38) Reply
      I so agree. everyone is so quick to throw the book and pass judgement. I suggest looking at the "victim" for her behavior as well. This is not an open and shut case.
      • Road Town Resident (05/12/2014, 09:35) Like (38) Dislike (3) Reply
        You would sware some people don't have children. It does not matter if she had issues.A Child is a Child. Influential and ignorant and the law protects them and the Adult should know better.
        • to RTR (05/12/2014, 16:20) Like (7) Dislike (12) Reply
          that depends on whether the "child" knows the power of her words. I agree that sexual offences cases are the hardest a man can get away from. Some young people cry rape when they are angry. fact.
          • pat (09/12/2014, 11:34) Like (0) Dislike (0) Reply
            And then they have to save face or be called a liar herself.
          • HELP THIS IsLand!!! (09/12/2014, 23:03) Like (0) Dislike (0) Reply
            Why would any grown person want to get in any type of relationship with a child? And if your intension are pure these kind for things will not happen. FACT call a spade a spade , and an Ace an Ace. ..when I was growing up my male neighbors as well as certain family knew when to draw the line......The line which was over step one way or another in this case.
  • JaneandDinah (04/12/2014, 19:26) Like (55) Dislike (10) Reply
    You must be a family member! Acquitted WHEN? He appealed, the Appeals court agreed with him on that particular issue and it was that court that ordered the re-trial. They certainly never overturned the original "Guilty" verdict in that first trial. The local barristers know fully well why they didn't represent him. With the nonsense you came on here with, it would be difficult to say that you dislike child or sexual abuse. This was a CHILD for God's sake. In my opinion, if he so much as looked at her in a sexual way he needs to spend donkey years in jail.
  • about time (04/12/2014, 19:35) Like (30) Dislike (9) Reply

    He got a fair trial God sees and knows all . It was hard for him to get a solicitor from England because they know molesting a child is not accepted in England , Mr penn needs to accept his fault and stop taking the p..s !

  • shark (04/12/2014, 19:43) Like (31) Dislike (10) Reply
    What goes around comes around no matter how long it takes . When we make the conscious decision to dig ditches for others we should always dig two (2).
  • Manfromeast (04/12/2014, 19:43) Like (35) Dislike (8) Reply
    My brother, turn your belt buckle in the front and look ahead. Two juries found the same thing. That should say something. Lord, he run long, but time longer than the twine. I thought he had said it will be postponed till judgment day come. Maybe today is judgment day and we missed the rapture.
  • Woman (04/12/2014, 20:22) Like (33) Dislike (13) Reply
    Thank you jesus.That devil will suffer the way he made that child suffer...God is not sleeping and he don't like ugly...I say 10 years maximum for that BEAST...
  • Hmm (04/12/2014, 20:51) Like (30) Dislike (8) Reply

    U all are seeing on one side if it was some one who was not from here , u all would of been talking down on them. HIs day has come let him go balo where he belong wi.... nasty man .

  • Hmm (04/12/2014, 20:55) Like (17) Dislike (10) Reply

    Let him go balo where he belong wi.... man .

  • facts (04/12/2014, 21:01) Like (7) Dislike (55) Reply
    Only because he is a local
  • bay (04/12/2014, 21:51) Like (20) Dislike (12) Reply
    It is about time! he wast enough of the court time..
    • % (05/12/2014, 01:31) Like (9) Dislike (8) Reply
      since when is fighting for a fair trial or even for your life a waste of time? He had every right to fight.
  • @ Hmm (04/12/2014, 21:57) Like (13) Dislike (35) Reply
    this is not justice not at all JJ did nothing wrong
    • pat (05/12/2014, 01:33) Like (12) Dislike (10) Reply
      thank you. I am of that opinion too. this was messy from the beginning for so many reasons.
  • shark (04/12/2014, 22:07) Like (17) Dislike (13) Reply
    Justice has been served
  • @ shark (04/12/2014, 22:49) Like (8) Dislike (18) Reply
    FOR JESUS SAKE THERE IS TO REAL JUSTICE IN THE bvi LEGAL SYSTEM
    • Sherry (05/12/2014, 01:35) Like (10) Dislike (24) Reply

      on the contrary. the system buried him. they were looking for a 'scape goat beginning with Judge Ch...es who wanted to make an example of him after she marched against domestic abuse.

      • Maddie (05/12/2014, 19:30) Like (0) Dislike (6) Reply
        Not a thing go so Sherry. If you read Judge Ch....es' judgment on the ECSC's website you might very well conclude that she blamed the VC to some extent. I always thought that was why he received only a twelve year custodial sentence. To me, if at all the prosecution could have appealed that sentence, they should have done so back at the end of the first trial. But I can assure you, this judge is no Judge Ch...es, and this time around he will receive his fair share of time up in Balo.
  • lets march (04/12/2014, 22:58) Like (19) Dislike (10) Reply
    the apples were stack against him....in jesus name how can members of the first jury that convicted him be on the second proceedings. Something is wrong with that picture, today it JJ tomm it could be your son
    • to lets march (05/12/2014, 01:37) Like (7) Dislike (7) Reply
      true. You hear a whisper from the first trial, how can you forget it in the second trial? That is not objective.
      whether women want to admit it or not, they have power.
    • Jacperlance (05/12/2014, 06:30) Like (30) Dislike (10) Reply
      @lets march. Get your facts straight no one who sat on the first jury panel who convicted him sat on this panel that convicted him now. Stop spreading propaganda. How can we as a Christian community be sitting down and condoning what this predator did to that child who was always consistent in her testimony before the court. Ask yourself why will this child lie about she was assaulted not one time but on many occasions
      • Wrong (06/12/2014, 00:23) Like (7) Dislike (3) Reply
        Indeed, some jurors from the first trial WERE on the second assuring him of a preconceived verdict.
      • wize up (06/12/2014, 07:05) Like (3) Dislike (2) Reply
        jacperlance; i agree with you simply because as you said the victim told a consistent story; she had no need to lie( it is very difficult to lie while giving about the facts)
  • To Her and To You (04/12/2014, 23:22) Like (39) Dislike (4) Reply
    My prayers goes out to the young lady. She was just a little child when she was robbed of her innocence. There are many dysfunctional people in society because of these abusers and Sigmund Freud said it best about sexually abused victims. I urge parents to take more time to protect and observe your children. Spend time with them and foster them. Trust no one with your babies. I also urge society to stop being political and revert to the good old morals and values we were taught.
  • Pedophile (05/12/2014, 02:02) Like (25) Dislike (5) Reply

    Stop defending a ..... ......... people- the world is a cycle- he hot his just desserts

  • Help Lord (05/12/2014, 05:08) Like (14) Dislike (43) Reply
    Justic was not serve. The jury already had their pre-conceived verdict. Their minds were closed. Did any one investigated the young lady family members and their history. Now that evil spirit is spilling over to a decent family who is been wrongfully convicted for a crime that they did not committed. Very sad and wrong. Lord help and have mercy.
  • denise (05/12/2014, 08:51) Like (17) Dislike (29) Reply
    Free jj he got framed
  • kids (05/12/2014, 08:59) Like (10) Dislike (3) Reply
    Good justice serve you do the crime time tp do ur time
  • wize up (05/12/2014, 09:16) Like (23) Dislike (3) Reply
    my brother you can run but you cant hide; you did gave it your best shot now go the time
  • JACK BE STILL (05/12/2014, 10:10) Like (12) Dislike (47) Reply
    All thoes who are rejocing over what they did to andre just remember your day will come
    • Spirit of Compassion (05/12/2014, 12:10) Like (8) Dislike (4) Reply
      Rejoicing for " what they did to JJ?" I think JJ caused it on himself. There are clearly no winners in this very sad and unfortunate saga
  • Bottom Line!!! (05/12/2014, 11:11) Like (11) Dislike (5) Reply
    IT'S ABOUT TIME!!!
  • cay (05/12/2014, 11:56) Like (12) Dislike (22) Reply
    How can anyone in their right mind say this waz justice eh?
  • church (05/12/2014, 13:13) Like (9) Dislike (5) Reply
    Pray for your enemies jj
  • NB (05/12/2014, 18:43) Like (2) Dislike (0) Reply
    Yea he SCREEEEEEEWWWWWWWEEEEEDDDDDDDD!!!!!!!!!!
    • Observer2 (05/12/2014, 20:05) Like (0) Dislike (1) Reply
      If only he could have accepted the sentence in the first trial because the judge gave him a lenient sentence, he did not. Now face the music bro. You looked for it. No getting away this time. Judge Ch------ and Dan---were colleagues - no getting away now.
  • union square (05/12/2014, 19:53) Like (3) Dislike (6) Reply
    Keep on your knees in prayer Mr penn
  • the condor (05/12/2014, 22:52) Like (9) Dislike (1) Reply
    For the last time, let us get our facts together before talking. There were no jurors selected from the last trial who sat on this one, the team from the DPP office is smarter than that, and Penn had competent representation whom would have never allowed this to happen. I also invite the critics to give up their names as jurors to assist the justice system and educate yourselves while serving. It is very sad to hear the comments which are made, with no type of basis. I am just shaking my head.
  • boy O Boy (06/12/2014, 01:55) Like (2) Dislike (10) Reply
    My opinion is that he will not get a fair sentencing, the court has something against him personally because of those premature victories he had over them so i suspect there will be some bias sentencing and they will hit him with whatever they are allowed to hit him with.
  • 1 (06/12/2014, 09:33) Like (4) Dislike (9) Reply
    He did nothing wrong and need to appeal
  • Dr Pickering (06/12/2014, 12:10) Like (4) Dislike (2) Reply
    These young ladies like the big stuff it seem , cant forget the money..... I say give them what they want NDP ALL THE WAY
  • Yute (06/12/2014, 16:58) Like (8) Dislike (9) Reply
    This case should have been thrown out but many of thoes in yhe legal world had a point to prove...mr penn remains a good man
  • Not Right (07/12/2014, 10:07) Like (7) Dislike (6) Reply
    Look how they lock up our son over a made up story
  • Freedomisamust (07/12/2014, 20:37) Like (2) Dislike (4) Reply
    FREE PENN!!!

    They try bury us but forgot we were seeds!!

    FREE PENN!!
  • pig (08/12/2014, 00:02) Like (4) Dislike (3) Reply
    I should not be surprised, but I must say I was shocked when I read this article about what the udge saying even before reading teh sentencing guidlines...NOT JUSTICE
  • @onlooker (08/12/2014, 16:44) Like (1) Dislike (0) Reply
    What do you mean what happen is because he is a PENN. Who are the Penn's different to any body else? WTF, "their sh$$t don't stink?". People like you are so condescending, you don't believe that you are good enough, or that you are deserving. I feel sorry for you. Oh! Or maybe you are a PENN? LMAO.
    • long time (08/12/2014, 23:01) Like (1) Dislike (1) Reply
      British Prime Minister Harold Wilson had a saying: 'A week in politics is a long time.'
  • tretretrete (08/12/2014, 22:04) Like (0) Dislike (1) Reply
    Penn in d pen-bull now...lol
  • time to march (08/12/2014, 23:02) Like (2) Dislike (1) Reply
    this injustice cannot allow to stand we need to march to free Andre


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