Sex attacker gets 30 years in prison
A man is today serving a 30-year prison sentence for raping a woman who faces a two-year wait to discover if she has AIDS.
After homeless drug addict Kingsley Eugene Burgess was convicted, it was revealed he had committed a similar break-in and rape in 1979.
The plumber and mason got ten years behind bars for those offences.
Having also been convicted 16 times for breaking and entering, he had only been released from prison for house-breaking, unlawful wounding and possession of an offensive weapon three months before his November 2006 burglary and sex attack.
Senior Crown Counsel Paula Tyndale told Supreme Court Burgess?s previous convictions tended to show ?that this defendant has not learned any lessons from his lengthy period of incarceration nor from his maturing years?.
Jailing him for the maximum time possible, Puisne Judge Carlisle Greaves described him as a ?cold, calculating, dangerous, wicked person? telling Supreme Court he was ?so dangerous that he cannot mingle with other members of this society?.
The seven-day trial heard how the woman woke in the early hours of the morning on November 12, 2006 to find knife-wielding Burgess in the bedroom of her Pembroke home, threatening to kill her if she screamed.
?It is beyond the imagination of myself, the horrible fear this victim must have felt, awakened in the still of the morning hours from a sleep when she?s at her most vulnerable in her own bed, in her own bedroom, to see this menacing figure with a knife descending upon her,? said Mr. Justice Greaves.
?Those are shoes no-one would wish to fit. That must have been nothing short of a real, real nightmare. No person on earth should have to endure such. That attracts a substantial sentence of imprisonment.?
After subjecting his victim to a serious sexual assault that left her with significant genital injuries, Burgess, who had broken in by smashing a window, forced his victim to shower while he tried to clear up the evidence.
Next, he stole items from her home including a bottle of wine and $60 from her purse before making her put on dark glasses, drive to an ATM, and hand over $1,000.
Burgess, who left damning DNA and fingerprint evidence at the scene, was arrested three days later ? on the day of his mother?s funeral. He pleaded not guilty to aggravated burglary, serious sexual assault, robbery and deprivation of liberty. He claimed in court that the woman picked him up from the Ducking Stool area of Pembroke where he was living in a tent, and took him to her house for consensual sex.
His not-guilty stance forced his victim to give evidence of her ordeal to the jury and be cross-examined about the details of what happened. The result of her testimony was his conviction on all four charges by the unanimous verdict of the four-man and eight-woman jury.
Burgess stood impassively in the dock as the result was read out, but his daughter sobbed loudly in the public gallery.
The judge said: ?I have formed the opinion that there?s absolutely not one ounce of remorse in this defendant. This defendant put this victim through a harrowing experience.?
He also referred to how the attack appeared to be a case of mistaken identity. The victim had recounted how Burgess told her people he referred to as ?they? told him to break into her home believing it belonged to a nurse married to a doctor, who had a lot of gold jewellery.
The victim - who is not a nurse - said Burgess told her ?they? were people he owed money for drugs.
The court heard that a nurse living in the same neighbourhood, who is married to a doctor, contacted Police with fears for her own safety after news reports of the case.
?She must be singing and praising some superior being for her good fortune that he did not find her instead,? said Mr. Justice Greaves, observing that the actual victim ?was unfortunate to be in the wrong place at the wrong time.?
Dispatching Burgess to a waiting prison van, the judge said: ?I?m satisfied that he?s a real danger to society.?