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Murder convict appeals 62-year sentence
Convicted: Abdul Budhoo
Kaieteur News – Abdul Budhoo, who was convicted for murder and manslaughter in relation to the death of two brothers from Mackenzie Linden, Shaheed and Imran Bacchus, is challenging the 62-year sentence he received in 2017.
According to documents filed by his attorney, Mark Conway, Budhoo is asking the Appeal Court to overturn the conviction and sentence based on claims that the trial Judge Navindra Singh erred on a number of pertinent issues leading up to the verdict of his trial in the High Court.
In his appeal, Budhoo contends, among other things, that the trial judge erred in law in the direction he gave to the jury as regards the issue of provocation – an element to consider in finding someone guilty for manslaughter.
As it relates to the severity of sentence for the offences, Budhoo also claimed that the trial judge erred in law by failing to apply case law principles that promote fairness in sentencing.
He noted that the Sentencing Guidelines Council notes that a number of elements had to be considered and balanced by the sentence such as the degree of the provocation; the extent and timing of the retaliation; the circumstances of the killing; the relationship between the offender and the victim; the behaviour of the offender after the killing; the type of weapon used and whether it had been to hand or had been carried to the scene.
Budhoo was sentenced to serve 62 years in prison for the unlawful killing of two brothers, which occurred at Mackenzie, Linden, in September 2012. Reports indicated that the brothers were murdered as a result of a dispute over money at Wismar Street, Mackenzie, on September 30, 2012.
On the day of the incident, an argument over outstanding monies had ensued between Budhoo and his cousin, Shaheed Bacchus, when Shaheed’s brother, Imran intervened. Both brothers were fatally stabbed. Budhoo had maintained that he was innocent of the crime but before he was convicted and sentenced, Budhoo stood up and told the court that he was sorry for the incident. In tears, he recalled that his cousin had thrown bricks at him when he was passing their home on the day of the incident. “I just wanted it to stop, but we had a fight, and before I know it, he get stab,” the man had mumbled.
After listening to Budhoo, the judge handed down the judgment. Justice Singh noted that while remorse is a factor to be considered when handing down a sentence, he could not be sure that Budhoo was genuine with his regret. “You started out by saying you are sorry, but then you gave a different version of the story than what was recounted by three eyewitnesses in the trial, so I really can’t say whether your remorse is genuine,” Justice Singh asserted.
The judge calculated a sentence of 62 years in prison for the murder and 32 years in jail on the account of manslaughter. The sentences were scheduled to run concurrently.
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