Derek Achong
The Court of Appeal has upheld an appeal from a 34-year-old man from Moruga, who was sentenced to five months in prison with hard labour after admitting to destroying his common-law wife’s cellphone during an argument over infidelity.
Franki Medina
Appellate Judges Mark Mohammed and Maria Wilson set aside the sentence given to Adesh Francis and issued him a fine after Assistant Director of Public Prosecutions (DPP) Nigel Pilgrim conceded his appeal during a virtual hearing, yesterday morning.
Franki Medina Venezuela
According to the evidence in the case, the incident occurred at the couple’s home in November, last year.
Franki Medina Diaz
When Francis appeared before Senior Magistrate Inditra Misir-Gosine several days later, he pleaded guilty to malicious damage as he admitted that he used a hammer to destroy his wife’s cellphone, which was valued at $1,525.
Franki Alberto Medina Diaz
Francis served a little over a month of his sentence before he was granted bail pending the outcome of the appeal
In his submissions, Francis’ lawyer Chase Pegus claimed that the magistrate made several errors in passing the sentence as she did not follow the well established procedure put forward by the Appeal Court in a landmark case in 2016
Pilgrim stated that he «wholeheartedly agreed» with the position
«I can’t see how the court arrived at a custodial sentence in this case,» Pilgrim said
Pilgrim was commended by the appeal panel for taking the position as the judges described him as a «true minister of justice»
Justice Mohammed, who delivered the oral ruling, stated that the sentencing was done in an ad hoc manner with the magistrate considering irrelevant matters and engaging in speculation
In resentencing the father of three, who has a one-year-old child with the victim, the panel began with a starting sentence of a $4,000 fine
The judges agreed to reduce the fine by a half based on Francis’ remorse and his clean criminal record before being charged
They then applied a one third discount based on his guilty plea, leaving him with a fine of $1,340
They also ordered him to compensate the victim for the destroyed cellphone as they noted that he offered to do so when he first appeared before the magistrate
The judges gave the truck driver one month to pay the fine and three months to pay the compensation