– ordered to undergo two years’ probation, community service
FIVE years after being on remand for the fatal stabbing of a Region One (Barima-Waini) farmer, a 21-year-old man was, on Tuesday, released from prison on ‘time served’ after he confessed to the crime.
He will now be on two years of probation and supervision.
Considering the now-released was 16-years-old at the time of the offence, his matter was heard through application of the Juvenile Justice Act which protects his identity as he was charged as a juvenile.
In early March, according to a source, he appeared before Justice Simone Morris-Ramlall at the Demerara High Court for the capital offence of murder.
When he appeared before the Court, the young man entered a guilty plea to the lesser count of manslaughter. His charge was that, on November 23, 2016, he unlawfully killed Junior Moses at Ela Landing, Barima, Region One.
This newspaper was told that, on the day in question, Moses and the now-released man were consuming alcohol. A heated argument followed which turned into a physical altercation.
During the incident, the then teenage boy armed himself with a knife and fatally stabbed Moses to his abdomen.
The confessed killer claimed that he acted in self-defence since the victim was armed with a cutlass, and had advanced toward him.
Justice Morris-Ramlall delivered her sentencing on Tuesday last.
In issuing the probation order, the Judge took into consideration Section 44 (c) of the Juvenile Justice Act which says the Court can “commit the juvenile to custody in an open or secure residential facility provided for under this Act for a period not exceeding five years from the date of the coming into force of the order.”
She sentenced the confessed youth to serve two years and eight months in custody. Considering he had been on remand since November 2016, he was released from prison considering he had already served much of that time.
During his probation, the confessed youth is expected to keep the peace and be of good behaviour. He is also required to report to the Chief Probation Officer (CPO) on or before the last Monday of every month.
A further Order was made for him to perform two hours of community service in the Mabaruma township every week for six months at a place or institution directed by the CPO.
For his benefit, the Childcare and Protection Agency (CPA) is required to identify a positive peer who will work with the confessed offender for a specified period.
He is also expected to remain in the territorial jurisdiction of Guyana unless permission is granted by the Court for him to leave.
The state was represented by prosecutor Lisa Cave. The defendant was represented by attorney-at-law, Jerome Khan.