Matthew Burton, who was sentenced to serve three years in prison last year, is now a free man.
He successfully appealed his sentence before the Eastern Caribbean Supreme Court of Appeal last week.
Burton had pleaded guilty to battery, wounding and possession of an offensive weapon when he appeared before Magistrate Tiyani Behanzin.
Burton was also asked to pay compensation of $9,000 to three victims of his crime upon completion of his prison term.
He made his plea through a letter which he read to the court, stating that he was a changed man. He asked for leniency and said that through prayers and serious contemplation while in prison, he was able to get to know himself and was regretful of his actions. He asked the court to consider the harshness of his sentence.
He argued that none of the victims of his crime were injured and had not even spent time at the hospital. He asked the court to consider his plea for the sake of his nine-year-old daughter and two-year-old son. Burton said he had come from a poor family.
Wayne Norde, who represented the prosecution, did not oppose Burton’s plea as he said that the magistrate had erred in handling the matter in several ways.
Norde and the judges agreed that Behanzin had not complied with Magisterial Code of Procedures during sentencing.
According to Norde, Burton had received the maximum penalty of one year in prison for the possession of an offensive weapon, but was supposed to have served a lesser sentence as guilty pleas warrant a discount in sentencing.
Norde also challenged the magistrate’s compensation order which he said had been done with no record that there was consultation with the victims of the crime prior to making his order – a formality which is required by law.
Norde said that the Magistrates Code of Procedure states that compensation must be ordered with the consent of the party injured.
“We don’t know if that took place,” Norde said.
He also questioned the time Burton was given to pay the sum of money, stating that he might still be in prison when the payment is due.
Burton had previous offenses.
The maximum sentence for summary wounding offense is two years, while battery carries a six-month penalty.
The judges ruled that the appeal against sentence for being armed with an offensive weapon be quashed while the compensation order be set aside.
The appeal against sentence for wounding was allowed and reduced to time served while the appeal against sentence for battery was dismissed. Burton had already served a year and five months in prison.
He was thankful for the time he spent in prison, deeming it the best thing that happened to him.
“Prison helped to shape my character,” he said, adding that it has reformed him and he is now ready to move on the right path.
Chief Justice Hugh Rawlins questioned the sincerity of his statements.
“You made good statements….sometimes by the time you get out the door is something else,” Rawlins said.
Burton maintained that his words were genuine.
Disciplinary Finding Details
Name: Tiyani Behanzin
Status: Non-Practising Barrister
Called: July 2006
Inn: Lincoln’s Inn
Type of Hearing: Disciplinary Tribunal (3 Person)
In breach of:
Paragraphs 202 (a), 202 (b), 202 (c), 202 (d) and 901.5 (1) of the Code of Conduct of the Bar of England and Wales (8th Edition)
Details of Offence
Between 7 July 2007 and 30 April 2008 Tiyani Behanzin held himself out as a barrister or allowed himself to be held out as a barrister for the purposes of supplying legal services to members of the public without having complied with the practising requirements of paragraphs 202(a) to 202(d) of the said Code, such conduct amounting to professional misconduct.
Sentence:
Charge 1: Fined £1,500
Costs: £585
Date of Decision: 9th July 2010
Status: Open to Appeal
Tiyani was a non-practicing barrister in London –Lincoln’s Inn. He was disciplined for practicing law when he had not completed the requirements to practice law. With no background in legal practice in Dominica he is made a magistrate and is now making a mockery of our system. be careful Dominica. be careful.
How did Robert Douglas aka Tiyani Behnzin become a magistrate? Did he tell the truth about his Bar membership in London? Did he reveal all disciplinary actions taken against him?
http://www.barstandardsboard.org.uk/complaintsandhearings/disciplinaryfindings/?page=4&&
Tiyani Behanzin
Type of Hearing: Disciplinary Tribunal (3 Person)
Sentence:
Charge 1: Fined £1,500
am happy in a way about Behanzin cuz since he came on stream my son has to come to realise what he was doing was totally wrong and he has made a big change in his life when he heard of the hard penalties but now Behanzin is stretching it
i cant believe it
A lot of those guys who are sentenced are repeat offenders. Why do they repeat? Is it because the law is lenient? Is it because imprisonment is no longer feared because of the relaxed atmosphere at the Stock farm prison and the leniency in sentencing in the law? I maintain if first offenders are dealt with decisively by the law, many offenders won’t repeat. Now, with minimal punishment and the easy manner at the prison, going to prison is no big thing. Infact, some guys deliberately commit crimes to get back into prison for free meals. The legislators must stiffen the penalities in the law.
Send Behanzin back to Mecca!!!
@Ras B: Islamic Sharia Law???
@peter karam: I am 100% in agreement with you!!!
i sincerely believe that the court justuce system here in Dominica should be dismantled totally. there is no need to go to court. people please tell norde and the DPP to close the damn courts down. garcon is time. we doh need no trials for any justice. let us go to the wild west of texas. i serious. we are finsihed in Dominica,. i tell u we are finished.
Magistrate Tiyani Behanzin – watch your back – the system don’t like you, but we the law abiding citizens love your style. Keep on putting these rotten apples where they belong. But brother, follow codes, protocol, procedures – read and re-read the statue – them give those Arse Holes the maximum – Thank you Behanzin.
I have been really supportive of my Tiyani’s efforts to take a bite out of crime in Dominica, but these glaring errors raises the issue of this gentleman’s competence and regretfully, I’ll submit we need to learn a bit more of his background through an inquiry whilst releiving him of his seat on the bench as a magistrate.
We need to be true to ourselves, if this gentleman needs to be retrained or needs a refresher’s course in Dominican Law, kindly provide him with the same but please stop using him to embarass us. I have nothing against the gentleman but his rulings appear unschooled. It is time we address this in a wholesome manner.
It would appear to an unbiased mind that there is a clear and present attack on the integrity of Mr. Behanzin. The vendetta began with Peters who has now been promoted to Attorney general. It comes with no surprise that state prosecutor Norde can now openly accuse a magistrates sentencing…. The supposedly learned appeal judges who we see having dinner with the “members of the legal fraternity” seem all but too eager to throw out Tiyanis’ cases.
Lest we forget in our haste to judge; these are all guilty persons who have previous convictions. Repeat offenders get sentenced differently.
One could suggest that this country is being run by a cartel; a legal cartel.
@tropic: When it strike home you will be singing a next sound
Justice is just … so from what we are seeing played out we can safely say that justice is alive and well in our country.
The law taking the law to task . thats Wat you call justice
mr behanzin is thinking right. most of the criminals are repeat offenders who need a lot of time behind bars, however, the laws need to be amended for such sentences to be handed down.
i believe that is a system designed to get rid of mr tiyani,,,,,trust dat,,,the fraternity against him,,,,,people we dont necessarily need lawyers,,,once u have education n commonsense and u r innocent u can defend urself,,,u jus want them to give the judicial talk on ur behalf,,,,the system says u need a lawyer,,,,,thats cuz e’re player in the game has to be paid so they all will be happy,,,, it is clear to us that the legal fraternity in d/ca has voiced their discontentment openly against mr tiyani so it’s no surprise if these rulings r passed to disqualify him,,,,,indeed the prisoner said that was the best thing to happen to him,,,,,now if he had gone for 3-6 months u think he’d feel dat way,,,,,,,,when people do crime u send them away for a long while so they may have enough time to think bout their actions n changes they’ll do when they come out,,,,,,,but guess wat while we criticize mr tiyani d/ca crime rate is on d increase,,,,,
@tropic: did u read the article? he’s not just giving the full penalty it’s like he is making up penalties.
Don’t tell me u’re so naive you think that respected regional justices have a personal vendetta against Behanzin, even the prosecutor didn’t side with him be objective and real here.
Sounds like everyone’s favourite magistrate Behanzin is a loose cannon..
Dominican’s like to put their hand in fire for Behanzin but what’s the point of these unlawful sentences which just cost the country more money to defend at appeal and then the person ends up being set free?
IMO dude needs to get his act together. Sentence strict but within the confines of the law sir.
I think this Magistrate Tiyani Behanzin, should be sent to do a course in sentencing guidelines. This guy is an embarrassment to the Judicial system in Dominica.
This is not the first case that has been overturned and it wont be the last.
Why has a person who clearly has no idea about sentencing be allowed to continue serving and not asked to take some time off to re-acquaint himself with the law?
He has an opinion from emptiness to everything….but these are opinions and not fact based opinions.
What a disappointment
well thats something.its clear that mr tiyani will soon be out bcause theres a problem. this ois the only person thats trying to make example of criminals in the country but we can see that even the magistraits and lawyers are against this man. he chose to give these folks the full penality for their crimes why should that b a problem?