“Police ought not to catch you spitting in the wrong place” – judge to young man

Margarvin Peters of Roseau, having plead guilty to attacking another young man with a cutlass, was warned by a High Court judge that the police should not find him spitting in the wrong place.

“You gotta find something to do … I am going to bind you to keep the peace for a period of three years. If you breach that recognisance you go to jail 12 months … The police ought not to catch you spitting in the wrong place,” Justice Birnie Stephenson-Brooks told the 20-year-old, who caused grievous bodily harm to Nigosie (presumed spelling) Richards in Roseau in November 2008.

According to the facts of the case presented by the state lawyer, the complainant, 22-year-old Richards was in the Cherry Lodge vicinity in Roseau when Peters struck him on the hand twice with a cutlass.

In Richards’ attempt to open the door to enter the Cherry Lodge Guest House, he felt a blow to his right arm below his elbow.

“When he turned back he saw the accused next to him with a cutlass in his hand. The accused again swung the cutlass at the complainant. The complainant received another cut on the same hand below his elbow,” the state lawyer explained.

The court heard that the complainant was treated by Doctor Thomas Meade at the Princess Margaret Hospital.  According to a report from the doctor, the complainant received a four centimetre long laceration to his arm and another 4-5 deep laceration over the mid region of his forearm. The second cut involved muscle and bone with open fractures, Norde stated.

When confronted by police on the matter Peters had said, “He (the complainant) there passing in the afternoon. He and a next partner. I was sitting on a step by us. Then he watch me and start to laugh. He say he going to get wild and going to start back hashaying fellers in their head.”

“I see him making how much up and down dere. He had a beer bottle and another drink in his hand. Then I see him watching me. So it had a bottle in the drain. So then I break it and then I run up on him and cut him twice on his hand. I just come up on him so and he run so he maybe think is a cutlass,” he continued.

The incident occurred when Peters was 17 years old.

During mitigation, Peter’s attorney, David Bruney asked the court not to impose a custodial sentence and to consider his client’s age.
He also stated, “I would like the court to take special notice of my client’s guilty plea and the fact of his age … He is 20 years old … At the moment he seems to be assisting his mother with a vending business… I know a custodial sentence is looming in the background but if you were not to consider a custodial sentence because of his age…I think he is fully aware of wrong that he has done … I think there is hope for him.”

Before passing sentence, Justice Stephenson –Brooks told the convicted man, “Given the description, Mr Peters, by the doctor of the injuries sustained by the complainant, I well believe that it was a cutlass you had because you talking about broken bone…”

“I would frown heavily if it is related to gang affiliation, or religious affiliation, nationality affiliation… we hear all these things creeping up into our Caribbean societies which causing us to get grey hairs. We all think we big, we all think we bad,” Justice Stephenson Brooks said.

Peters told the court that he would be sitting four CXC exams next week at the Business Training Center.

“I want to get a job to help my mother,” he told the court.

Peters was also fined $2,500 to be paid in eight weeks or in default he will spend 120 days in prison.

Both parents of the convicted man were present at court. They told the court that Peters was a very obedient young man. Peters was given the opportunity to apologize to his parents for his offense, and he did.

– DNO Correspondent

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6 Comments

  1. Anonymous
    May 16, 2010

    sssssso……………thats how things are being done here???????????? oh boy how time have changed!!!!!!!!!!!!!!!!!!!!!!

  2. jdb
    May 14, 2010

    we going to k… him

  3. Small Boss
    May 14, 2010

    Dem tings does kill me inside. A parent should b protective of its offspring but that doesn’t mean wat they say bout d offspring is always tru. McGarvin mother can’t tel him sh**. Them fellas think is jus about a cutlass to chap(fame), bling (fame) or d gang dey linking(fame). D boy from Pt. Mitchel was only turning around and d way McGarvin responded was so animalistic. Lil time again MvGarvin com back with his cutlass n ya. He chap d guy on his hand. So dat is d second person he chapping i know of. Oh ya. Dat was just happened. At his age he can’t do his time 4 d crime but he young enuff 2 do ‘BIG MAN TING.’ We crying bout violence but we always fighting 2 get dem criminals back into society. How his 2 other brothers i no, not like him? His turn coming. Gwada Crips-=Talking bout helping mother with vending business. We act to hypocrite in Dominica. Is wat he vending!

  4. fantum
    May 14, 2010

    please help me out here….a man steals a pack of biscuit or a soft drink and ends up in jail, while another who attempted to make mince meat of another man by chopping Him up with a cutlass, only gets a warning??? A cutlass crime should be treated the same as a Gun Crime. When a fire arm is involved everyone goes crazy but when someone is chopped up, their is no outrage, even the court treats it as a very light matter. It does not have to involve a gun for someone to be charge for attempted murder. In Dominica More persons are wounded or killed by The cutlass than by the gun. Cutlass is the number one murder weapon— The biggest threat—- so them magistrates need to wake up from their slumber and understand what time it is……JUSTICE GONE MAD!!!

  5. Gwada Crips? where dat
    May 14, 2010

    Mc Garvin,,,,,,, ur turn doh come properly yet

  6. COMMUNIST
    May 14, 2010

    althoug he has done much harm to the young man lets hope its a mistake and that he will set his house in order and be a bettewr citizen.. everyone deserves a second chanc.he should be made to apologise to the victim also

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