A fisherman who evaded police for almost two years after causing serious injury to another man who had “disrespected” him has been sentenced to nine years in prison.
Fabian Nathaniel Bourne, of Brown’s Land, Black Rock, St Michael admitted to wounding Corey Francis with intent to do him serious bodily harm or to maim, disfigure or disable him on September 13, 2012 when he became enraged after being told that the fish he was selling was too expensive and nobody wanted them.
The exchange occurred between September 9 and 10 as Francis was playing a game of dominoes near a shop at Alkins Land, Black Rock with his friends.
Three days later – on September 13 – Bourne who was 23 years at the time returned on a bicycle while the men were again at a game of dominoes at the same spot. Standing ten feet away he held out a gun and fired in Francis’ direction causing him to flee. He was subsequently taken to hospital.
However, Bourne was only taken into custody on April 28, 2014 according to the facts detailed by Senior Crown Counsel Krystal Delaney.
While Bourne had accepted responsibly and acknowledge that his form of retaliation was disproportionate to Francis’ action – which was simply declining to purchase the fish – Madam Justice Pamela Beckles pointed out to the accused that he had not seen it fit to express remorse and “this was regrettable”.
In handing down the sentence in the No. 5 Supreme Court today Justice Beckles told Bourne his actions were “premeditated and deliberate” .
“Your action showed that this was no spontaneous act on your part . . . . And a firearm was used.”
She added: “The court is satisfied that the force used on the complainant was excessive and wholly out of proportion to any attack which you may have perceived the complainant caused you previously.”
The factors in his favour were that he cooperated with police when he was eventually apprehended and that he had no previous convictions.
“The message to be sent to the society is that such behavior will not be tolerated but will be dealt with firmly,” the judge said before imposing a starting eight-year sentence.
But after taking into consideration several factors including Bourne’s lack of remorse, that sentence was adjusted up by a year, leaving him with nine years in prison.
However, Bourne now has a year and 36 days left to serve at HMP Dodds after Justice gave him a one third discount for his guilty plea and credited his 1,789 days already spent on remand.
The convict must enroll and complete counseling and conflict resolution programmes at the prison to assist him “better manage his anger and control his impulses when confronted with challenges”.
He was also advised to acquire a skill during his incarceration, which would help him re-enter the work force on his release.
