Having spent the last 19 months on remand for committing an offence which carries a maximum penalty of 18 months behind bars, 25-yesr-old Hemchand Kenswain walked out of the High Court in Georgetown a free man. Justice Sandil Kissoon informed the young man who had lashed another person in the face causing swelling and injury to the eyes and head, that he would be sentenced to time served, and was therefore free to go. This was not, however, before the judge sounded a stern warning to Kenswain to ensure he exercises self-control and to manage his anger if ever he should find himself in confrontational situations. Though initially indicted for attempted murder, Kenswain yesterday afternoon threw himself at the mercy of the court, pleading in the alternative to the offence of causing grievous bodily harm. He admitted that on April 14th, 2017 he caused grievous bodily harm to Trevor Spencer, with the intent to maim, disfigure or disable him.
This offence carries a maximum penalty of 18 months imprisonment at the Magistrates Court.
Kenswain accepted the prosecution’s facts that he dealt Spencer a blow to his face with a piece of wood. He had confronted and hit the man over a previous misunderstanding.
Owing to his vociferous outbursts moments before the case was called, causing some disturbance and attracting the attention of those around as well as the judge whose chambers is just above the prisoners holding cell, Justice Kissoon cautioned the young man about his behaviour. Noting that the offence to which he pleaded should not have been one for the High Court, and specifically pointing out that the offence is also a bailable one, the judge brought to Kenswain’s attention that the reason he had been denied bail at the Magistrate’s Court was because of his very behaviour. He made several outbursts in the courtroom of the chief magistrate.
According to the magistrate’s annotation in the casefile, the young man was disorderly.
The judge sought to explain to Kenswain the effects his outburst and disorderly behaviour can have if he does not control his anger, noting that it can very well land him right back in jail, even as he pointed out that that was the reason he had found himself before the court in the first place. The judge told him that he was being disrespectful to the very forum which had to hear his complaint.
Against this background Justice Kissoon was keen on admonishing the youngster to control his anger.
In apologizing to the judge for his outbursts, Kenswain said he had participated and completed anger management sessions while in prison.
He said that given his age, he has his entire life ahead of him and would like to work towards being a better person, an opportunity he begged the judge to give him.
Kenswain was visibly relieved when the judge told him that he was free to go.
The prosecution’s case was presented by state attorney Nafeeza Baig, while Kenswain was represented by attorney Siand Dhurjon.
