March 28, 2021
A 56-year-old man who pleaded guilty to posting nude pictures and videos of his American ex-girlfriend, was successful in having his sentences reduced by the Jamaican Court of Appeal. But the convict, Donovan Powell, will still have to serve prison time, after the court ordered that he serve six months behind bars on two counts of malicious communication under the Cybercrimes Act.
His sentences are to run concurrently, meaning that he will serve six months in prison. Powell was initially sentenced to 12 month in prison in November 2019.
It was alleged that Powell posted nude pictures and videos of his ex-girlfriend, American television anchor, Darieth Chisolm, after the woman ended their romantic relationship in 2018.
Their relationship spanned almost two years between November 2016 and the spring of 2018, according to the facts as outlined in the appeal case.
Powell also created a website and posted the sexual images and videos.
The matter was reported to Jamaican authorities and, following a probe, Powell was arrested and charged.
He subsequently pleaded guilty to three counts of malicious communication, and was sentenced.
Interestingly, the convict has not commenced serving his prison term, as he was offered bail after sentencing, pending the outcome of his appeal.
In arriving at its decision to reduce the prison term, the Court of Appeal last week pointed out that the then parish court judge who handled the case “erred in her approach to identifying the appropriate starting point” for Powell’s sentence.
“Given the fact that the appellant (Powell) was a first-time offender, and pleaded guilty on the first occasion, we find that he should be given the full benefit of a 50 per cent reduction in the sentence. Thus, a term of six months’ imprisonment is appropriate in the circumstances,” the Appeal Court concluded.
In relation to the third count of malicious communication for which Powell pleaded guilty, the court allowed the order to remain for him to pay a fine of $1 million or do four months in prison.
If the fine is not paid, the four-month alternative would run consecutively to his six-month term on the other sentences.