Brazilian national Mikeal Jackson DaSilva was yesterday morning sentenced to four and a ½ years in prison for the fatal beating of miner Ked Lewis, during an altercation at Cuyuni, back in 2016.
DaSilva had originally been indicted for murder, to which he pleaded not guilty, but admitted guilt on the lesser charge of manslaughter.
He accepted that he had unlawfully killed Lewis between November 29th and 30th of 2016 at Dukwari Backdam, Cuyuni River, Essequibo.
In imposing sentence, Justice Navindra Singh, before whom the matter was called at the High Court in Suddie, noted that he had considered the time the accused had spent on remand awaiting trial and DaSilva’s early plea.
The judge said, too, that he had also considered that from the facts, it was Lewis who was the aggressor.
In the circumstances, and having factored in submissions from both the defence and prosecution, Justice Singh sentenced DaSilva to 4.5 years behind bars.
State Counsel Tiffini Lyken said that Lyken’s decomposed body was found on November 30th, and following investigations, DaSilva had admitted in a caution statement to police that he was involved in an altercation with the now dead man.
Lyken said DaSilva had related that it was during that altercation that he rained several blows on Lewis.
An autopsy, she said, would later reveal that the miner had died as a result of cerebral haemorrhage from the nine incised wounds he sustained.
In her address on sentencing, Lyken had asked the Court to consider the nature and gravity of the offence as well as the injuries Lewis would have suffered.
On the other hand, defence attorney Ravindra Mohabir asked the judge to consider that his client was only 24 years old at the time of the offence was committed, during which he was defending himself.
The lawyer said, too, that DaSilva had no antecedents, which he said indicates potential for rehabilitation. Mohabir had also asked the judge to consider the years his client had spent in pre-trial custody.
With the aid of a translator, DaSilva is said to have apologized for his actions and begged to be given a second chance.
