Lonnie Eugene Trott v R

• Jurisdiction: Bermuda
• Judgment Date: 12 March 1991
• Date: 12 March 1991
• Docket Number: Criminal Appeal No. 10 of 1990
• Court: Court of Appeal (Bermuda)

In the Court of Appeal for Bermuda

da Costa, P.Ag.

Henry, J.A.

Georges, J.A.

Criminal Appeal No. 10 of 1990

Lonnie Eugene Trott

Appellant

and

The Queen

Respondent

Chew v Walker [1986] LRC (Crim) 964

R v Bell 1989 Criminal Appeal No. 84

R v BillamUNK [1986] 1 All ER 985

Rape and burglary — Appeal against sentence of 13 years and 15 years consecutively — Two separate offences — Aggravating factors

JUDGMENT

Lonnie Eugene Trott, the appellant, was duly convicted after trial on an indictment containing two counts of rape and one of burglary. On the first count of having raped Lori Ilene Stansky, he was sentenced to 13 years imprisonment. On the third count of having raped Leanne Joyce Hoskins, he was sentenced to a term of 15 years consecutive to the term on the first count. On the second count of burglary he was sentenced to a term of 7 years imprisonment concurrent with the term on the first count. The rape, the subject matter of count 1, had been committed on July 21, 1987, while that which formed the subject matter of count 3 had been committed on September 14, 1988. some 14 months later, while the appellant was out on bail pending trial of the first rape.

The evidence on count 1 was that Miss Stansky who had gone to sleep in her room at the Club Med Hotel about 1.00 a.m. awoke about 5.45 a.m. to find a man lying naked in bed beside her on top of the sheets which covered her. He started a conversation. She asked him to leave. She attempted to get out of bed but he pulled her back and began choking her. He then attempted to have sexual intercourse with her but could not penetrate. Thereupon he put his head between her legs and engaged in oral sex. After this he tried again, sucessfully, to insert his penis in her vagina. After intercourse the man asked her to wash up and he left.

Like Miss Stansky, Miss Hoskins had gone to sleep in her room at Club Med at about 1.00 a.m. She awoke at 6.00 a.m. to find a man naked in bed beside her on top of the sheets which covered her. She began to scream. The man stuffed a rag into her mouth and placed his hand over her face so that she was unable to breathe. He began a conversation with her and she asked for a cigarette. As he flicked a lighter to light the cigarette she struck him with her right elbow and made a dash for the door. The man tackled her from behind, brought her down, held her by the throat and pressed her into the carpet. He then dragged her by the hair to the bed where...