Lawyer and defendant says wounding was unintentional

A  lawyer has described his 20-year-old client’s actions as unintentional after he pleaded guilty to wounding a  Fortune man with a cutlass on March 15, 2010 in that community.

Attorney-at-Law Darius Jones told a Roseau magistrate’s court this morning during mitigation that his client never intended to cut the complainant but only wanted to use the “plat coutla” or back of the cutlass and not the blade on him to beat him.

“It was  just a short movement of impulse reaction,” Jones said.

Victor Defoe was also charged with carrying an offensive weapon without a satisfactory reason.

According to the facts presented by the police prosecutor, Defoe was at the home of the complainant’s nephew  when he (the complainant) came and noticed some marijuana trees planted in some flower pots and containers on his nephew’s porch.

The complainant who met the defendant on the porch then asked him what the cannabis was doing there and said that it should not be there.

According to the Chief Police Prosecutor  and Public Relations Officer Inspector Weekes, the defendant then asked the complainant if he wanted a lash and told him that he was disturbing him.

The complainant again expressed his disapproval of the marijuana trees being planted at his nephew’s home.

Following this, Defoe then picked up a cutlass and swung at the defendant leaving him with an 18 centimetre wound on his left upper arm.

According to a medical report referred to by the court, the complainant received 24 stitches, with six internal stitches on his left upper arm and smaller wounds to his finger and wrist  on the same hand.

According to the prosecutor, three days after the incident, Defoe went to the home of the investigating officer and surrendered himself.

He told the police, “Mr was harassing me so I take my cutlass to beat him with the flat part and it take him on his shoulder.”

According to the complainant, he has lost two weeks of work because of this injury and was still in pain and have had to purchase medication for the wounds.

Defoe’s lawyer said that his client was remorseful and shameful of his actions.

According to the court, Defoe has previous convictions of violent offenses; the most recent was in 2005 while he was still a juvenile.

In response to mitigation by Defoe’s Lawyer chief prosecutor Weekes stated, “ The issue here is because the man said do not plant grass there he cut the man- and it’s that kind of violence that we try to stop in this country.”

Before passing sentence Magistrate Lewis said, “I think the wound is a very serious wound. 24 stitches indicate that it was serious enough….”

Defoe was ordered to pay the compensation the amount of $1942 to the complainant by June 30 or he will spend four months in jail.

He was also fined $1,200 for the offense of wounding, to be paid by October 31 or he spends another five months in prison.

On the charge of carrying an offensive weapon Defoe was fined  $250 to be paid by November 30 or spend one month in prison. The sentences will run consecutively.

– Hermisha Rolle, Staff reporter

Copyright 2012 Dominica News Online, DURAVISION INC. All Rights Reserved. This material may not be published, broadcast, rewritten or distributed.

Disclaimer: The comments posted do not necessarily reflect the views of DominicaNewsOnline.com and its parent company or any individual staff member. All comments are posted subject to approval by DominicaNewsOnline.com. We never censor based on political or ideological points of view, but we do try to maintain a sensible balance between free speech and responsible moderating.

We will delete comments that:

  • contain any material which violates or infringes the rights of any person, are defamatory or harassing or are purely ad hominem attacks
  • a reasonable person would consider abusive or profane
  • contain material which violates or encourages others to violate any applicable law
  • promote prejudice or prejudicial hatred of any kind
  • refer to people arrested or charged with a crime as though they had been found guilty
  • contain links to "chain letters", pornographic or obscene movies or graphic images
  • are off-topic and/or excessively long

See our full comment/user policy/agreement.

5 Comments

  1. June 2, 2010

    i think that the man nephew was wrong to place his marijuana in the man place and the judge should have judged the nephew for growing drugs in the country. that drugn is illegal

  2. contributor
    March 22, 2010

    i believe the best action he should have taken is call the police for the said individual or pretend to be calling the police because by that time he would hustle to remove the marijuana and may also flee the area too. he could have killed the victim in the process. people have to be more careful and must think before taking actions

  3. CI
    March 22, 2010

    Violence is never the answer — intentional or unintentional — this is sending a clear message, that if you do the crime you will do the time. Use your cutlass for the intended purposes for which it was created….. not to harm another human being. We must learn to settle our differences in a non-violent manner.

    This is a 20-year old man who has his whole life ahead of him. Sad to realize the possibilities of spending time in jail, but he needs some form of punishment to make him understand that using his time constructively, will afford him a better opportunity to be a productive and successful member of society.

  4. Jayson
    March 22, 2010

    The justice system in this country seems to have absolutely no regard for the victims of crime!

    $1942 to the complainant??? The feller almost lost his arm! People are sometimes left with no choice but to take justice into their own hands.

    Victor Defoe probably left the court room smiling….!

    • Braveheart
      March 22, 2010

      My sentiments exactly. If I am earning good money and someone is messing with me it makes sense to beat the crap out of them even injuring them seriously and just pay the measly fine which these hilarious magistrates are charging. Mr. Defoe must be having a hell of a laugh right about now.

Post a Comment

Your email address will not be published. Required fields are marked *

:) :-D :wink: :( 8-O :lol: :-| :cry: 8) :-? :-P :-x :?: :oops: :twisted: :mrgreen: more »

 characters available