Forty-nine-year-old carpenter, Bhola Bhagwandin called ‘Buddy,’ was yesterday morning sentenced to two and a half years in prison for beating a woman he had also been accused of raping back in 2019.
Earlier this month, a jury found Bhagwandin guilty of beating the woman, but unanimously acquitted him of the two counts of rape on which he had been arraigned.
In his address at the sentencing hearing, Bhagwandin told the court that “he was sorry for everything that happened,” stating that he only wants to move past his conviction and live for his children and to “change meh lifestyle.”
Prosecutor Sarah Martin in her address asked the court to consider the “extensive” injuries the virtual complainant (VC) had suffered at the hands of the convict and an antecedent against him for which he had served time.
Meanwhile, defence attorney Teriq Mohammed begged the Court to be lenient with his client.
Before imposing the sentence, Justice Barlow enquired from the prosecutor and Mohammed their thoughts on what the sentence should be.
Underscoring the injuries sustained by the complainant, Martin suggested three years; while Mohammed said that having regard to the facts of the case a range of two to three years would suffice.
Justice Barlow said it was unusual her asking counsel’s opinion regarding sentencing, but said it was a bit of a difficult case for her in the sense that the story told by the VC was partially accepted by the jury.
She noted, too, that the probation report had members of the Child Care and Protection Services and other parties suggesting that “Mr. Bhola may not be totally inaccurate when he speaks of instances where allegations were made that may have been unfounded.”
That apart, however, the judge said that the jury had found him guilty of the physical assault for which a sentence had to be imposed.
Justice Barlow said that the manner in which the woman was beaten—her head being slammed against a post—among other things, was in itself an aggravating factor, as well as a protection order he had breached.
She said that these factors, coupled with the high incidence of domestic violence, the disregard for authority and court orders; a custodial sentence was necessary.
The maximum sentence for the offence on which Bhola was convicted the judge said, was five years; but she said that while there were aggravating factors in the case, they did not warrant the maximum sentence.
Having regard to all the circumstances, and what she described as the genuine remorse expressed by Bhagwandin, Justice Barlow said that a starting point of three years was appropriate, from which she deducted six months.
She further ordered counselling for him while behind bars.
The judge then admonished the convict to be a model prisoner, and upon his release to stay away from alcohol and violence so he never again has to find himself before the courts.
The sexual offence charges against the father of two had alleged that on September 2nd, 2019 in the County of Demerara, he sexually penetrated the woman on two separate occasions, both without her consent.
The State’s case had been that on the day in question Bhagwandin was at the woman’s house where they had an exchange of words during which time he began touching her inappropriately, despite her objections.
The woman had told the court that the accused began hitting her in her back and abdomen and cuffing her, after which he armed himself with a piece of wood with which he beat her about her body.
The woman also alleged that the accused hit her head against a post and viced her.
According to the woman, she tried to run but was unable to and that it was during this time that Bhagwandin forced himself on her—raping her twice.
The trial proceedings were held in-camera at the Sexual Offences Court of the High Court in Demerara.
