Latest update January 9th, 2025 4:10 AM
Nov 27, 2018 News
By Feona Morrison
Fifty-seven year-old Haydock Baxter, who admitted to fatally stabbing his wife in 2006, will have to serve the 20-year jail sentence imposed on him for the crime by former High Court Judge Dawn Gregory. Yesterday, the Court of Appeal upheld the sentence, stating that it was not excessive, an argument raised by the killer.
Back in 2014, Baxter pleaded guilty to the lesser offence of manslaughter, admitting that on October 09, 2006, he murdered his wife, Carol Braithwaite-Baxter, 48.
Facts stated that on the day of the killing, the woman had visited the Camp Street Prison to take food for one of her sons, who was imprisoned at the time. She was accompanied by another one of her sons, when her husband approached her and asked her to leave.
The woman refused, saying that she wanted to ensure that her son got his meal. Shortly after, an argument ensued between the couple, during which Haydock Baxter pulled out a knife and stabbed his spouse.
The woman was rushed to the Georgetown Public Hospital where she succumbed days after.
After he was sentenced, Baxter, through his Attorney, filed an appeal contending that the 20-year prison term was excessive.
Presenting arguments yesterday was Senior State Counsel Mercedes Glasford who contended that the custodial sentence was not excessive, and cannot be deemed wrong in principle.
According to Glasford, before passing sentence, the Learned Trial Judge considered a probation report in favour of Haydock Baxter, and mitigating factors.
She explained that in sentencing him, the judge started at a base of 30 years. From that number, eight years was deducted for the time he spent on remand pending trial, and another two years subtracted for his early guilty plea.
The Senior State Counsel added that the trial judge also considered certain aggravating factors, such as the fact that Baxter had antecedents, and was in the habit of abusing his spouse. She said that even though these were considered, the judge did not increase the sentence.
On these among other grounds, Glasford asked that the appeal be dismissed.
Hearing the matter was Chancellor of the Judiciary (ag) Yonette Cummings-Edwards, Justice of Appeal Rishi Persaud and High Court Judge, Brassington Reynolds.
When asked by the acting Chancellor if he had anything to say, Baxter, who had no legal representation in court yesterday, told the court that he would be thankful for whatever decision was made by the court. “I will have to do the time,” the convicted killer added.
After listening to arguments, the court went into recess. When the hearing resumed, the Chancellor delivered the ruling. She told Baxter that the court considered his request for a reduction of sentence, and his argument of severity. In dismissing the appeal, the Chancellor ruled that the 20-year jail term was not excessive having considered the circumstances of the case.
It was noted by the Chancellor that the trial judge exercised discretion. She added, too, that having considered the circumstances and case laws, it is the duty of the Court of Appeal to dispense justice in this regard. Nevertheless, the three judges agreed that the sentence imposed on Baxter was justified.
In concluding, the Chancellor told the convict that there is something called remission in the prison system, which could see him being released earlier for good behaviour.
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