Donovan Powell, who was convicted under the Cybercrimes Act for posting nude pictures and videos of his ex-girlfriend American television anchor Darieth Chisolm on the internet, has been partially successful in his appeal, but will still have to spend time in prison.
The Court of Appeal this week reduced his two 12-month sentences for malicious communication to six months each.
Because they are concurrent, Powell will spend six months in prison.
Powell was convicted in 2019 for malicious communication and ordered to pay $1 million or four months in prison.
This was to run consecutively to his 12-month term if not paid.
His conviction followed his guilty plea to the offences.
However, he immediately appealed the sentence and was offered bail pending the determination of the matter.
Powell argued in his appeal that the sentence was excessive based on his early guilty plea which saved the court's time, a good social enquiry report, and that it was his first conviction.
In its judgment, the Court of Appeal acknowledged those factors, but pointed to the aggravating factors which could have actually caused the sentences to be increased.
The most serious one noted was the fact that Powell created a website to facilitate the posting of the pictures.
In the end, the Court acknowledged that the sentencing Judge made an error by not pointing out a starting point for the sentence of 12 months, so it reduced the sentence to six months.
However, it allowed the order to remain for a fine of $1 million or four months in prison, and this was to run consecutively to his 12-month term.
Powell was represented by attorney-at-law Valerie Neita Robertson.
All feeds
