Habitual offender serves out rape sentence after waiting 17 years for appeal
Published:Wednesday | June 15, 2022 | 2:47 PM
The Court of Appeal has told a man who wanted to abandon his appeal against his prison sentence for rape and gun convictions after waiting 17 years for a hearing that the sentence has already been served.
Lincoln Hall pleaded guilty to the offences of rape and illegal possession of a firearm and was sentenced on June 27, 2005, to 15 years in prison.
The court expressed regret that despite the length of time, the transcript of the sentencing had not been produced.
The appeal court said last month that although the 54-year-old was entitled to an early release for those offences, he would have to remain in prison as he was serving a sentence for murder which was not related to those crimes.
Hall had pleaded guilty in the Home Circuit Court in June 2016 to murder and was sentenced to life imprisonment.
He was ordered to serve 30 years before he could be eligible for parole.
The murder took place in February 2004 and Hall was arrested in August that year.
He appealed the 2016 murder sentence on the grounds that the sentence was "manifestly excessive" as well as the long delay in his case being tried.
In March 2018, the Court of Appeal reduced the sentence to 29 years.
The judge considered the fact that he was in custody for a year after he was charged for the murder in 2004.
The facts of the case were that on the night in question Hall gained entry to the home of the deceased man and his girlfriend while they were asleep.
The couple eventually woke up and a struggle ensued between the man and Hall, which resulted in the deceased being shot.
After repeatedly asking for money, Hall escaped but was subsequently pointed out at an identification parade.
In its decision, the appeal court made special mention of the sentencing judge's comments in relation to Hall's 19 previous convictions.
The judge pointed out that the convictions which started in 1989 included: robbery, house breaking, larceny, escaping custody, unlawful wounding, rape and illegal possession of firearm.
"So, it does show a man with a very destructive path and does show that you have been in and out of prison," the judge said.
"What I am saying, sir, protection of the society is a major goal that I have to consider."
The Court of Appeal described the delay of over 11 years between Hall's detention and his trial date for murder in 2016 as “indeed inordinate.”
It also said there was nothing on the record to indicate what were the reasons for the delay.
- Barbara Gayle
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