…tells judge ‘thanks”

Victoria, East Coast Demerara resident, Joshua Payne, was on Thursday jailed for 12 years after pleading guilty to the lesser count of manslaughter for killing a man back in 2012, at the Stabroek Market.

The sentence was handed down by Justice Brassington Reynolds to the 44-year-old Payne who told the judge “thanks.” Reports were that on December 19, 2012 Payne stabbed Kelvin Caines, 41, also known as ‘Reds,’ to death during a fight. Evidence provided in court by the prosecutor stated that on the day in question, around 16:00h an argument between the two men ensued and during a scuffle the accused pulled out a knife from his haversack and knifed Caines about his body.

Caines was stabbed in his left knee, right thigh and left arm-pit. Payne had escaped on foot while Caines was rushed to the Georgetown Public Hospital, where he was pronounced dead on arrival.
Payne was subsequently arrested.

Justice Reynolds told the court that he considered several factors before he deducted five years for time served, and a further five years for Payne’s early plea of guilty to the lesser count of manslaughter. However, the judge added two years having considered the aggravating features of the attack on the deceased. In his address to Payne, the judge said that the incident was an unfortunate and senseless one – taking of a life which is the country’s most valuable human resource. He said he could not ignore the arguments raised as the aggravating circumstances in the manner in which the offence was committed.

He related that consideration was given to Payne’s mental state and the court made steps to have him evaluated and Dr. Bhiro Harry determined that he was fit to make a plea. The judge also noted Payne’s early plea to the lesser count of manslaughter; that he did not waste the court’s time and based on his assessment of the probation report that his life was one of delinquency owing largely to choices he had made. Justice Reynolds stated that it was Payne’s choice that he found himself on the streets instead of being in school.

The judge started his sentencing at a base of 20 years but deducted 10 years and added two years which brought the total to 12 years. He stated that the incident was unprovoked and rather suspected it was premeditated on Payne’s part. The judge said it was unfortunate that the accused had made reports to the police and no action was taken, but he took the law into his own hands and acted out that day by using a sharp and deadly instrument (knife) in which he used to inflict a series of wounds on the deceased.

Meanwhile, before the sentence was handed down Senior Probation Officer, Claudia Munroe told the court, that at age four Payne’s parents separated and he exited the school system earl y and worked as a labourer during which time he did odd jobs and livied on the streets. He had a previous conviction of robbery with violence and was sentenced to one year imprisonment.

Munroe added that since the accused left his home village of Victoria, East Coast Demerara at age 11 years, his siblings said he was prone to violence and he often threatened them if they did not meet his demands. She noted that he spent most of his days on America Street with his father and was exposed to violence and drugs at an early age, thus he spent most of his adult life in jail. The accused and the deceased were not related and the former expressed remorse since he had acted in self-defence, Munroe said.

In his plea of mitigation, Defence Attorney, Keoma Griffith told the court that the deceased had taken advantage of the accused and also alluded to his expression of remorse, his difficulties in life – a broken home, early school drop-out and his exposure to a life of violence and drugs on the streets where he was a wanderer. With these factors, Griffith asked the judge to temper mercy with justice.

However, in response State Prosecutor, Tiffany Lyken said that the accused was the aggressor and used a knife on the deceased and the post- mortem report stated that although there was one fatal wound the deceased was stabbed four times.