TWENTY-ONE-YEAR-OLD Gragery Miguel was sentenced to five years’ imprisonment after pleading guilty to the lesser offence of manslaughter in the fatal stabbing of his brother, Wilfred Stephen, during a family dispute in Kumu Village, Central Rupununi.
The sentence, handed down by Chief Justice (ag) Navindra Singh at the High Court in Georgetown, takes into account the time Miguel has already spent on remand.
Miguel had originally been indicted for murder but chose, upon arraignment, to enter a plea of not guilty to that charge and instead pleaded guilty to manslaughter.
The prosecution, led by State Counsel Christopher Belfield and assisted by State Counsels Praneta Seeraj and Geneva Wills, presented an agreed statement of facts. Miguel was represented by attorney Madan Kissoon.
In determining the sentence, Chief Justice Singh began with a starting point of 24 years. He then applied several deductions: eight years for Miguel’s early guilty plea, five years based on a favourable probation report, three years for his genuine remorse, and another three years due to his youthful age.
This resulted in the final term of five years’ imprisonment, with credit given for time already served in custody.
Before accepting the plea, Chief Justice Singh conducted a detailed inquiry to ensure that Miguel’s decision was voluntary, informed, and made with a full understanding of the consequences.
The judge first asked Miguel whether he had discussed his plea with his attorney and whether he understood that the starting point for sentencing could be as high as 24 years.
Miguel confirmed that he had consulted with his lawyer and understood the potential implications of pleading guilty.
The Chief Justice further asked, “Are you being forced to plead guilty, or are you doing so because you want to plead guilty?”
To this, Miguel replied, “Your Worship, I’m pleading guilty off my own,” indicating that his decision was entirely voluntary.
Additionally, the judge questioned whether Miguel had consumed any drugs, alcohol, or medication within the past 48 hours that could impair his understanding of the proceedings. Miguel answered in the negative.
Chief Justice Singh also reminded the accused that he was entitled to a trial before a 12-member jury and that, by pleading guilty, he was waiving that right.
Miguel affirmed that he understood both the nature and consequences of his plea, acknowledging that manslaughter carries a custodial sentence.
The agreed facts, as outlined by the prosecution, indicate that the fatal incident occurred on the night of July 31, 2023, during a family gathering in Kumu Village, Central Rupununi.
The two brothers, who had been estranged for several months, were drinking alcohol with relatives at their uncle’s home when an argument erupted around 9:00p.m.
While the quarrel initially subsided, tensions reignited later that night at their mother’s residence, where Stephen had gone to collect food.
During the confrontation, their stepfather reportedly attacked their mother, prompting Stephen to intervene. Miguel then confronted Stephen, and another scuffle ensued.
Although their mother managed to separate them temporarily, Miguel ran into a nearby house, armed himself with a steel-point arrow, and chased after his brother.
When Stephen fell to the ground, Miguel stabbed him in the right side of his back. Stephen remained alive for approximately an hour before succumbing to his injuries.
The family, lacking access to immediate medical care and unable to reach the police promptly, could not provide urgent assistance. Police arrived around 2:00 a.m. on August 1, 2023, and transported Stephen’s body to the Lethem Regional Hospital.
Miguel was arrested the following day at his home. In a video-recorded interview under caution on August 4, 2023, he admitted to stabbing his brother but claimed he had been under the influence of alcohol and had no intention to kill.
A post-mortem examination revealed that the arrow had penetrated Stephen’s chest cavity below the right shoulder, severing major blood vessels, including the right pulmonary artery and vein, resulting in massive internal bleeding and shock that caused his death.
Miguel was later charged with murder contrary to common law and, on May 3, 2024, was committed to stand trial after a prima facie case was established against him at the conclusion of the preliminary inquiry.
Following the plea, Chief Justice Singh directed that several reports be prepared before sentencing. These included a probation report, a prison conduct report, a victim impact statement, and an assessment of aggravating and mitigating factors.
The reports were taken into consideration during the sentencing hearing, providing the court with a comprehensive overview of both the circumstances of the offence and Miguel’s personal background.
