$10,000 of $55,000 compensation paid
A man of Dublanc who pleaded guilty to causing grievous bodily harm (GBH) came with $10,000 when he appeared before resident judge Victoria Charles-Clarke at the Roseau High Court on Friday November 25, 2016 for his sentence.
Greenidge Foster an adult male of Dublanc represented by Attorney Peter Alleyne pleaded guilty to the count of GBH with intent when he appeared for his trial at the Roseau High Court on Thursday October 27, 2016. The State, represented by State Attorney Carlita Benjamin, accepted the guilty plea and withdrew a second charge of unlawfully and maliciously wounding Adrien Carbon of Boetica in Dublanc on Sunday July 7, 2013. The judge ordered a social inquiry report before sentencing which she set for Friday November 18, 2016
Judge Charles-Clarke in turn said that the accused had shown remorse and preferred to pay compensation rather than receive a custodial sentence.
Adrien Carbon was known as hard working and a quiet individual. The severity of his injuries had him now unable to move without crutches, he could no longer be gainfully employed and was now dependent on his sense of loss. The experience had been costly to him, because apart from his employ with Jungle Bay Resort he also did farming. His medical treatment in Dominica and overseas had cost him $13,000. He also acutely suffered the loss of his independence. The accused had taken the normal life of Adrien Carbon.
Justice Charles-Clarke noted that the sentence of 10 years was the prison term for the offence. On the principles of sentencing: retribution, deterrence, prevention and rehabilitation, the judge noted the prevalence of the offence in the society and thus the court had to show its abhorrence to that offence, the loss of limb or life.
Greenidge Foster had no previous convictions, and the use of alcohol that day had been a factor in his behaviour. Foster, she went on could be rehabilitated because he was gainfully employed as a mason. He had since changed his life to reduce alcohol consumption. She commented on the delay in bringing the matter which happened in 2013 to trial.
Taking all the factors into account, the judge said she would not impose a custodial sentence in that situation. Given the explanations, it was a case that warranted compensation. Justice Victoria Charles-Clarke fined Greenidge Foster $5,000 to be paid in three months or in default a prison term of two years. He would also have to pay compensation of $55,000 to Adrien Carbon. Greenidge Foster is to pay Adrien Carbon $10,000 November 30, 2016; $10,000 by April 30, 2017; $10,000 by October 30, 2017; $10,000 by December 30, 2017 and the remainder of $5,000 by June 30, 2018. The accused would go to prison for 12 months if he defaulted on these payments. Foster, as advised by the judge on Thursday October 27, that he should come back to court on November 25, 2016 with $10,000, and that he did.