The now 21-year-old man who earlier this month pleaded guilty to the 2016 unlawful killing of Barima farmer Junior Moses, whom he stabbed during an argument, was on Tuesday released on time served.
Though now an adult, because he was charged as a juvenile in accordance with the Juvenile Justice Act, the young man’s identity continues to be protected.
He was 16 years old when he stabbed Moses once with a knife on the evening of November 23rd, 2016 at Ela Landing, Barima, North West District.
The then teen had been charged with murder.
At his arraignment before the High Court two weeks ago, however, he denied the capital offence but admitted guilt to the lesser charge of manslaughter.
At his sentencing hearing on Tuesday, Justice Simone Morris-Ramlall noted that in accordance with Section 44 (c) of the Act, the maximum custodial sentence which could be imposed against the young man was five years.
From that base sentence, she then deducted one year for his previous unblemished record and good prison behaviour as was related to the court from a probation report.
From the new four-year total, a further one-third—for which the law provides—amounting to one year, four months; was deducted for the offender’s early guilty plea.
To the remaining two years, eight months, the judge then ordered that the prison make deductions for time the youth would have spent on remand.
He had been incarcerated since the incident in 2016.
Accompanying his release, however Justice Morris-Ramlall has order-ed that the young man be immediately placed on a period of probation and supervision for the next two years; during which he is to be on good behaviour.
She also ordered that he performs community service at Mabaruma for two hours every week for the next six months, at a location chosen by the Chief Probation Officer.
The judge has also ordered that the Director of the Childcare and Protec-tion Agency facilitate interactions which can contribute to positive behaviour within the offender.
The facts of the case were that the offender and a son of the deceased were in an altercation, in which Moses intervened and was stabbed once, resulting in his death.
Defence attorney Jerome Khan, in a plea for clemency for his young client, had asked the Court to consider that it was the deceased who was the aggressor; while stating that as an adult, Moses ought to have used better judgement in making peace between the two youngsters.
The lawyer had also submitted for consideration, his client’s previous good behaviour, the fact that he had accepted responsibility for his actions at the first-given opportunity, and his expression of remorse.
Khan presented the young man as amenable to rehabilitation and someone who can make valuable contributions to society.
For her part, however, Prosecutor Cicelia Corbin had asked the Court to have regard for the nature and gravity of the offence committed.
On this point she referenced the several victim impact reports read to the court from the wife and children of the deceased, who said that life without him has been difficult, as they are yet to come to grips with having lost him.
In her request for a sentence which she said ought to reflect the offence committed, Corbin said that while the teen was at the time a young offender indeed, at 16 years old, he ought to have known that his actions could have consequences.
