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Wounding convict appeals 20-year sentence
Arguing that the 20-year sentence imposed on his client for felonious wounding by Justice Jo Ann Barlow is severe and not in keeping with current sentencing practice, Attorney-at-Law Glenn Hanoman yesterday afternoon raised several grounds of appeal when the Court of Appeal commenced hearing arguments in the case of the State vs. Deon Braithwaite.
Braithwaite attempted to murder Safraz Gani whom he stabbed to the chest with a pitchfork and dealt several lashes with the handle of the said tool. The injuries Gani received on October 29, 2012, have left him paralyzed in the left hand.
Following a trial before Justice Barlow in 2015, the jury found Braithwaite guilty on the lesser offence (second count)—felonious wounding. Thereafter, Justice Barlow imposed the 20-year sentence.
Yesterday, Chancellor of the Judiciary (ag) Yonette Cummings-Edwards and Justices of Appeal Rishi Persaud and Dawn Gregory, commenced hearing arguments in the matter.
Hanoman submitted that felonious wounding disclosed no offence known to the laws and to which no conviction can follow.
According to Hanoman, “The Learned Trial Judge failed to invite the jury to consider finding the appellant (Braithwaite) guilty for the lesser kindred offence of unlawful wounding, contrary to Section 50 of the Criminal Law (Offence) Act Cap 8:01.”
It is Hanoman’s contention that the Judge failed to adequately direct the jury on the elements of the offence to be proved by the prosecution during the trial, and that his client was wrongfully deprived of an opportunity to submit a no case-submission.
The lawyer argued that the trial judge failed to adequately put his client’s defence of self-defence to the jury. Hanoman pointed out that the trial judge withdrew self-defence from the jury by suggesting that excessive force was used, and by emphasizing that conflicting defences were raised by Braithwaite.
Advancing further grounds, Hanoman submitted that the trial judge failed to enquire from the jury whether their verdict in relation to the second count was unanimous, and permitted a guilty verdict that may have been a majority verdict after the jury had deliberated for two hours.
In the fourth ground of appeal, Hanoman pointed out that the trial judge wrongfully admitted medical evidence in the trial to the prejudice of Braithwaite.
In support of this contention, Hanoman argued that, (a) The Learned Trial Judge failed to consider the issue of admissibility of the medical certificate in light of the testimony, suggesting that the said medical certificate was prepared in excess of 48 hours after the medical examination.
And (b) The Learned Trial Judge wrongfully permitted the prosecution witness Dr. Fareez Khan to refresh himself from the writing not established to have been made contemporaneously with his examination or so soon afterwards that would render it fresh in his memory.
The Court of Appeal will continue hearing in this matter on January 11, 2019, when Assistant Director of Public Prosecutions Dionne McCammon is expected to present arguments.
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