The honest belief of landscaper Christopher Hibbert, 38, of Erald Avenue, Kingston 11, that his 14-year-old lover was 18, did not assist him in his defence before the jury.

It, however, assisted him on Friday in sentencing as the judge described his case as "unfortunate." She sentenced him to three years' imprisonment at hard labour but suspended the sentence for three years after the jury found him guilty of carnal abuse.

Impassioned plea

Supreme Court Judge Paulette Williams, in giving Hibbert a suspended sentence following an impassioned plea by defence lawyer Lloyd McFarlane, told Hibbert that if he were convicted of any offence within the next three years, he would have to serve the three-year prison term.

The Crown, represented by Crown Counsel Sharon Milwood-Moore, led evidence that in April 2008, Hibbert had sexual intercourse with the girl.

The complainant, who is now 15, admitted in court that she told the accused that she was 18. She said she was from Portland but she had run away from home because she and her mother were not getting along and she was frustrated with her.

In her testimony in the Home Circuit Court, the girl told the seven-member jury that after she left Portland she and her friend went to a nightclub in Kingston.

She said although the club had an age restriction, she was admitted into the club. After she left the club, she said she went to Waltham Park Road, Kingston 11, where she was introduced to Hibbert. They became intimate and she began living with him.

A report was made to the police that the girl was missing. The girl's photograph was subsequently published and that resulted in the girl being found.

Age restrictions

Defence lawyer Lloyd McFarlane made a no-case submission at the end of the Crown's case. He asked the judge not to send the case to the jury because Hibbert honestly believed the girl was 18 when she told him her age. He also referred to the fact that the girl was allowed to go into a club which had age restrictions.

The judge said there was no basis in law to withdraw the case from the jury.

Hibbert said in his defence that if he knew that the girl was 14 at the time when he met her, he would not have been intimate with her.

McFarlane, in his mitigation plea, asked the judge to give Hibbert the benefit of the doubt that he honestly believed that the girl was 18.