A male adult from the community of Marigot, Mustafah Kaleem James, recently walked away from the High court a free man having spent more time on remand than his actual sentence. Nevertheless, he will still have to secure $30,000 to pay as compensation to Jeffrey Charles of the same community.
Prior to his sentencing, James underwent a fitness plea trial and later pleaded guilty to malicious damage.
According to the facts of the case, on September 10, 2018 about 10:30 p.m, James caused $55,701.00 worth of damage to two passenger buses belonging to Charles.
On the said evening, Charles was at home in Marigot with his wife and children when he saw James damaging the door to his shop.
Upon noticing that, Charles went to the shop whereupon James started throwing stones and bottles at him. Both Charles and his wife tried speaking to James but were their attempts were unsuccessful. James then started throwing stones at the complainants buses which resulted in the windows and back and front windscreens being broken.
Charles kept calling out to James but he did not stop. Shortly thereafter the police arrived on the scene and James ran away but later that evening, he was apprehended and charged.
At James’ sentence hearing before Justice Wynante Adrien-Roberts on June 16, 2021, the offender was allowed to leave for time served but asked to return on June 22, 2021. However, he failed to appear on the said date and was brought back to court after a bench warrant was issued for his arrest so that the Judge could explain the reason for his non-prison sentence.
Before handing down sentence, the court ordered a Social Inquiry report in which the welfare officer reported that James went through emotional and physical abuse throughout his childhood which formed the basis of the defense counsel plea in mitigation.
Judicial notice was also taken of a psychiatric report produced by Consultant Psychiatrists Dr. Nadia Wallace in which she diagnosed James as suffering with a major psychiatric illness known as schizophrenia.
With the statutory penalty for malicious damage being three years imprisonment, Justice Adrien-Roberts began with a starting point of two years.
In adjusting the sentence, she noted that due to the aggravating factors of the offense which include the fact that the Virtual Complainant (Charles) and his family were assaulted and James’ chosen weapon, six months was added to the two years.
Based on the interview with the social welfare officer, James said he had no remorse for his action as Charles owed him money and he felt cheated. Villagers from the community of Marigot and Portsmouth where he resides, described him as having violent tendencies and a split personality and expressed no surprise over the crime he had committed.
While, according to the Judge, there were no mitigating factors for the offender, she said, however, she is obliged to consider James’ upbringing as he was exposed to abuse.
When questioned about his violent tendencies, James said the level of domestic violence he experienced during his upbringing had negatively affected him and had contributed to his life of crime.
His sentence was therefore adjusted upwards by three months to reflect the aggravating factor of the offender.
I am sorry but, if he is ill, shouldn’t his illness be treated? Prison is not the place for treating mental illness.