–seeking pardon, or lesser sentence

HAYDOCK Baxter who stabbed and killed his wife in 2006, on Monday appeared before Chancellor of the Judiciary, Justice Yonette Cummings at the Court of Appeal, pleading against the severity of sentence.
The 57-year-old man, who was unrepresented, told the court on Monday afternoon what he was seeking was a pardon or a lesser sentence.

The man was initially charged in October 2006 for the murder of his wife, Carol Baxter, but pleaded not guilty to murder and guilty to the lesser count of manslaughter when the matter was called in June 2014.
The prosecution accepted his plea to the lesser count, and he was later sentenced to 20 years imprisonment.

Arguing against his appeal, Attorney Mercedes Glasford of the Director of Public Prosecution said that the State would respectfully impose their application, on the grounds that the sentence imposed by the trial judge was not manifestly excessive.
She argued that the honourable court would have spoken at length regarding the guidelines that should be followed by a trial judge when sentencing, and these guidelines were complied with to the letter.

She also contended that the trial judge would have had before her Baxter’s probation report, and the plea of mitigation made on his behalf minutes before the sentence was passed.
Said the State attorney, “The facts of this case would have indicated that the deceased would have went to the Camp Street prison to visit her son.
“While she was waiting to give him his meals, the accused would have come up to her and told her he wanted them to leave to conduct some business, and she said she would prefer to wait until she would have given her son his meals.

“Her refusal to comply seemed to have angered the accused, and he would have retrieved a knife and stabbed her three times.”
Glasford recalled that after the incident occurred, Baxter attempted to flee but was apprehended. She said that given the gravity of the offence and the circumstance under which it took place, this being in a public place, the court should not intervene or be inclined to reduce the sentence, as it cannot be deemed excessive, and the right principles were utilised in arriving at the decision.

With the sentence starting at 30 years, the judge took off two for the guilty plea and eight for the time that he had already spent in prison.
“The learned trial judge would have considered all these matters before passing sentence and she would have rightfully come to the decision of sentencing the accused to 20 years in prison.

“As such, the state respectfully submits that this accused shouldn’t be dismissed based on the fact that there is really no merit to this ground of appeal,” Glasford argued.
Court was adjourned for a 15-minute recess following which the Chancellor returned with a decision.

Her Honour said that the trial judge having exercised her discretion and the prosecution accepted a plea to the lesser count of manslaughter, the subsequent sentencing was less than the usual imposed on such nature of crime, and the methodology used to derive at the sentence was properly utilised.
As such, Baxter’s plea was dismissed by the presiding judges, Justices Cummings, Brassington Reynolds, and Rishi Persaud.