–convict now eligible for parole after 18 years

IN a unanimous ruling on Wednesday last, the Court of Appeal of Guyana upheld the life sentence of Delon Abrams, called Roachie, a man convicted of fatally shooting an unarmed police officer.
The court, however, varied the sentence imposed by the trial judge. And now, Abrams would be eligible for parole after serving 18 years behind bars.
On January 6, 2014, in the County of Demerara, Abrams unlawfully killed Detective Corporal Seburn Elias, a member of the Guyana Police Force (GPF) acting in the execution of his duties.

In 2018, Abrams, 38, was sentenced to life imprisonment without the possibility of parole by Justice Sandil Kissoon, after he pleaded guilty to the lesser count of manslaughter. The judge was clear in his sentencing remarks, that he was unable to identify any mitigating circumstances.
Disgruntled with the punishment he received, the confessed killer filed an appeal through Keoma Griffith, his attorney-at-law, arguing that the prison sentence was manifestly excessive, and out of compliance with accepted sentencing guidelines.

Chancellor of the Judiciary (ag), Justice Yonette Cummings-Edwards, having read the Court of Appeal’s decision, concurred with the defence that the convict’s sentence was too harsh.
“We believe that the trial judge erred in principle, having before him the plea to the lesser count of manslaughter, and the provisions of Section 94 of the Criminal Law (Offences) Act…”
She explained that the provision states that anyone found guilty of manslaughter shall be liable to life in prison. She continued by saying that the trial judge was duty-bound to set a period for the offender to serve before he is eligible for parole.

Considering the foregoing, Justice Cummings-Edwards held that: “The sentence imposed by the learned trial judge in the circumstances of this case, and given cases of like nature, the sentence of life imprisonment without the possibility of parole was excessive…”
According to her, Justice Kissoon had the discretion to impose a lesser sentence, given the provisions of the Act. The court found, too, that the trial judge erred in not holding a sentencing hearing. “The possibility for rehabilitation, as argued by Mr. Griffith, has not been contemplated by the learned trial judge, given the sentence he imposed. We agree with Mr. Griffith that the wrong sentencing principle had been applied or considered,” Justice Cummings-Edwards added.

Referencing specific case law, she said that they express firm views on the objective of rehabilitation, stating that it is a necessary consideration in the sentencing exercise.
In one of those cases, she said, the Caribbean Court of Justice (CCJ) said that “a sentence of life imprisonment rarely meant that the prisoner will remain in prison for the rest of his natural life.”
Regarding the issue of rehabilitation, the Chancellor stated that the goals outlined in Paragraph 30 of the Needham’s Point Declaration require courts to see sentencing as an effective tool for both rehabilitation and deterrence, and as such, to apply it with appropriate discretion.

She mentioned that those serving life sentences in Guyana may be released on licence under the Parole Act. Considering the gravity of the crime, the Court of Appeal ultimately upheld Abrams’ life sentence, ordering that he must serve a minimum of 18 years before he is eligible for parole.
In addition to the Chancellor, Justices of Appeal Dawn Gregory-Barnes and Rishi Persaud also considered Abrams’ case. Dionne McCammon, an Assistant Director of Public Prosecutions, made an appearance on behalf of the State.

According to the agreed statement of facts, on January 6, 2014, Abrams was dealt a sound thrashing by residents of Sophia, Greater Georgetown.
Luckily, a passing police mobile patrol rescued him, and he was first taken to the Sophia Health Centre for medical attention for injuries he had received.
However, he was referred to the Georgetown Public Hospital (GPHC), where he requested to use the washroom. After doing so, he managed to relieve a cop of his weapon and escaped.
Based on information received, police ranks went to Fourth Street, Alberttown, Georgetown, where, upon entering the said yard, they spotted Abrams. Elias then confronted Abrams, with the intention of retrieving the Force’s gun, but he was fatally shot. At the time, the only person armed was Abrams, who was confronted by the two unarmed policemen.