Sentenced late last year to 43 years for the murder of amateur footballer Paul Daniels, construction worker Alvin Jones has lodged an appeal with the Guyana Court of Appeal.
The appellant has taken particular issue with the sentence which he described as excessive and is arguing that the trial judge misdirected the jury on several aspects of the law including that on murder.
He argues among other things that the sentence is “inappropriate,” “unreasonable” and “excessive” since it fails to reflect the trial judge’s adherence to current principles and guidelines and “falls outside of the applicable Guyana range of sentences for the offence of murder.”
Jones’ contention, too, is that the sentence imposed effectively condemns him to incarceration for the remainder of his “youthful, productive and rehabilitative life.”
He argues, too, that the sentence violates the principles of uniformity and proportionality.
Continuing his complaints with the sentence, Jones said that it did not reflect a proper balance of mitigating and aggravating factors; while stating that the judge also failed to deliver written reasons for imposing the sentence.
According to him, the sentence was purely punitive and was devoid of mercy.
On his complaints of misdirection, the appellant said that the trial judge did not properly direct the jury on the law of murder, identification evidence or the dangers of relying on dock identification.
He advances, too, that the judge failed to fully and properly direct the jury on his defences and on the failure of the prosecution to disclose to him the details of several identification parades conducted by the police.
All these circumstances he said resulted in him having an unfair trial.
Jones, 28, also known as “Shawn” and “Hot Skull,” of Lot 65 Castello Housing Scheme, La Penitence, Georgetown, was sentenced by Justice Priya Sewnarine-Beharry to 43 and a half years after being convicted for the February 2nd, 2017 murder of the footballer. Police in a statement on the murder had said that Daniels was watching television at the home of his girlfriend when two robbers, one of whom was armed with a gun, entered the apartment.
It was the prosecution’s case that Daniels was relieved of a gold chain that he was wearing and an undisclosed amount of cash.
Daniels subsequently chased after the men, who shot him in his chest. The men hopped on their bicycles and escaped and Daniels was rushed to the Georgetown Public Hospital, where he was pronounced dead on arrival.
Jones was recently injured in an attack at the Camp Street Prison.
