Chantae James from New Montrose who was charged with wounding a community college student earlier this year was today fined.
On Friday 21st September 2018, James instead of serving time averted such by being fined by the magistrate.
According to onlookers, the victim could have been seen leaving the courtroom in tears.
“That’s a manifestation of our Justice System”, one person shouted, as both parties exited the court.
Lawyer for the defendant Carlos James told News784, that one must apply the mitigating circumstances in matters such as this case.
In making his arguments before the courts he cited Desmond Baptiste v. The Queen, a conjoined appeal of several cases on sentencing that was down for consideration in the appeals court. It laid down the sentencing guidelines to be considered in cases involving first-time offenders.
Justice Byron noted on Desmond Baptiste v. The Queen.
On the issue of the age of the offender, a sentencer should be mindful of the general undesirability of imprisoning young first offenders. For such offenders, the Court should take care to consider the prospects of rehabilitation and accordingly give increased weight to such prospects.
Where imprisonment is required, the duration of incarceration should also take such factors into account.
In the same vein, in cases where the offender is a mature individual with no apparent propensity for the commission of the offence, the sentencer may also take this circumstance into account in weighing the desirability and duration of a prison sentence.
As with first time offenders, the more serious the offence, the less relevant will be these circumstances.
James had used a knife on Sakaina John during an altercation in Paul’s Avenue, Kingstown in March of 2018.
This resulted in John getting sutures to close slit lips and a cut to her cheek.
