A young man of Grandbay departed the High Court in tears after being set free, having served more time on remand than his sentence for Grievous Bodily Harm with intent.On Tuesday, September 17, 2024, Ruben Lewis appeared at the High Court before Justice Colin Williams pleading guilty to maliciously wounding Patrick Baron, also of Grandbay, with intent to cause grievous bodily harm, on April 11, 2018, in their community. According to the facts, on Tuesday, April 10, 2018, the Virtual Complainant (VC) was sitting on the front step of his home, while Lewis bathed in the public standpipe nearby. Suddenly, Baron noticed Lewis in a conversation with a young lady, discussing a refund for the unsatisfactory service she provided in washing his three buckets of laundry. The young lady in question went to Baron’s home to seek refuge, indicating to him what had happened between her and Lewis. Soon, he approached Baron restating that he should be refunded, threatening to “throw down” the young lady, to which Baron replied that “he is not throwing [her] down in my presence.” The defendant left the VC’s premises, followed by the young lady shortly after.Later that day, while Baron was leaving to check on an elder in the community, he met two persons restraining Lewis who carried a fishing gun with a black handle and rubber as well as a silver spear. On his way home, the VC took an alternative route for precautionary measures against the defendant. The following day at 7:00 AM, Lewis approached Baron while sitting on his step and the gentlemen exchanged words for some time until Lewis left for his home and returned with the fishing gun which resembled the one seen by Baron the day before. During their verbal dispute, Lewis pointed the gun at Baron, proclaiming, “I know I kill a dog today!” and fired the fishing gun, lunging the spear in his neck. With the spear still lodged, the men tussled until the line from the gun burst and caused Baron to be released from the brawl. The wounded man was transported to the Grandbay Health Centre where he was referred to the (then) Princess Magaret Hospital.Conveniently, that evening, Lewis entered the Grandbay Police station informing the officers of what he had done. He was cautioned and arrested on suspicion of GBH, and officially charged on April 13, 2018, at the end of the investigation. He received bail in the amount of $10,000.00 on his own recognisance in July of that year.During his mitigation plea, Lewis showed empathy, stating that, “I did not want to do it but it happened. I’m sorry about it.” He also claimed provocation, stating that the VC had made references to his brother who disappeared a few years prior. “Provocation is against the law, the man provoked me so much about my brother that disappeared, he tell me so much about it that I couldn’t take it anymore.” Later, his legal representative Peter Allyne would confirm that the VC had actually threatened the defendant, informing him that, “he will disappear just like his brother.” Director of Public Prosecution (DPP) Sherma Dalrymple noted that, based on the facts, the offence falls into Category 1 and Level A of seriousness, emphasizing that the offender left the scene and returned with a weapon. Dalrymple recommended a five-year sentence, citing the aggravating factor of premeditation and the mitigating factor of significant provocation. Allyne suggested replacing “revenge” with “premeditation,” a correction that Justice Williams accepted.In conclusion, Justice Williams set a starting point of four and a half years for sentencing from the maximum of ten years, reducing it by one year due to the defendant’s lack of prior convictions, expression of remorse, and the notable influence of his claim of provocation. While the claim of provocation did not act as a direct mitigating factor in this case, it still influenced the final sentencing decision. His guilty plea earned him a one-third reduction from the remaining three and a half years, resulting in an official sentence of two years and four months. Tears streamed down the thirty-four-year-old’s face as he was informed that he had already served more time than his sentence required, and he was free to go home to his family.
This is a gross injustice and major violation of human rights! The simple point is the fact that this man was sentenced to “an official sentence of two years and four months” back in 2018, and here he is in September 2024, six years later and still in prison! This is the point and that is a serious injustice and violation of his human rights! He should not just go home, he should sue the judicial system, sue the Government of the Commonwealth of Dominica for wrongful imprisonment!
According to your reporting the crime was committed on “April 11, 2018”, and he was “officially charged on April 13, 2018”. “He received bail in the amount of $10,000.00 on his own recognizance in July of that year (July, 2018).” So, when and where exactly ” had he already served more time (2 years & 4 months) than his sentence required?”
This is very poor and confusing reporting by DNO. The simple point is the fact that this man was sentenced to “an official sentence of two years and four months” back in 2018, and here he is in September 2024, six years later and still in prison! This is the point and that is a serious injustice and violation of his human rights! He should not just go home, he should sue the judicial system, sue the Government of the Commonwealth of Dominica for wrongful imprisonment!
That’s intent to k*ll, without being threatened. Should be 6 to 20 years.