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Mar 15, 2023 Court Stories, Features / Columnists, News
Kaieteur News – Andy Boodram, the man who was convicted and sentenced to life in prison for chopping his neighbour, Deonarine Persaud, back in 2018 has appealed both his conviction and sentence.
He was charged with attempted murder but was found guilty on the lesser (alternative) count of felonious wounding by a mixed 12-member jury.
Boodram had reportedly chopped Persaud after he asked him to turn down the volume of the music he was playing and he refused. He was convicted on a charge of felonious wounding in 2018 and later sentenced to prison.
In his appeal, Boodram through his attorney, George Thomas argued that the sentence was too severe.
The appeal was heard on Tuesday before Justices of Appeal, Yonette Cummings-Edwards, Rishi Persaud, Dawn Gregory. Thomas submitted that the trial judge erred in law on a number of issues including when he admitted the oral statements to form part of the evidence. The lawyer argued that the judge’s error formed part of the factors that led the jury to falsely convict his client.
Thomas submitted that from the tenor of the directions to the jury on the issues of the defence, the trial judge failed to adequately analyze the relevant evidence so as to assist the jury in considering whether there was any merit in the defence or whether there were left unsure as to what transpired.
Thomas said too that his client never chopped anyone. He expounded that there is no written record of the oral statements in any police station diary or book attributed to, or signed by his client or even uttered by him during the confrontation held by police that his client chopped anyone.
Meanwhile, on the issue of his client’s sentence, Thomas said he judge arrived at the offence of felonious wounding but did not take into consideration any aggravating or mitigating factors.
Thomas submitted that such factors ought to have been considered before the starting point for the sentence was even set.
At the end of Tuesday’s oral presentation, the Appellate Court Judges determined that they will deliberate on the matter and issue notices to the parties involved on a date for decision.
Back in 2018, Boodram of Grove East Bank Demerara, was sentenced to life imprisonment by Justice Navindra Singh at Georgetown High Court.
Boodram, called ‘Boy,’ on September 24, 2011, unlawfully and maliciously wounded Deonarine Persaud, called ‘Anil’, with intent to commit murder.
Even in the face of the guilty verdict, Boodram maintained that he is innocent of the crime. He claimed that he did not chop the complainant but that “I and Anil had a fight.”
His lawyer, George Thomas, had begged for a minimum sentence alluding to the fact that this was his client’s first conviction.
“He is 32 years old and a father of three,” Thomas told the court in his plea of mitigation.
However, State Attorney, Abigail Gibbs, asked the Court to consider the effects that the injuries had on the complainant. Taking all the facts of the matter and the jury’s conclusion into consideration, Boodram was sentenced to life in prison for the crime.
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