Appeal court sets minimum term for convicted killer

Manslayer Charles Matthew O’Brien Frederick will have to spend a minimum of 20 years in prison before he can be considered for a review of his sentence.

The Court of Appeal handed down the decision at the Supreme Court Whitepark Road complex today as the three judges dismissed the convict’s appeal against his sentences.

Frederick had been charged with the August 2, 2011 murders of Gerhard Stock and Arthur Chadderton but had pleaded guilty to lesser counts of manslaughter.

In July last year the now 43-year-old Frederick through his attorney-at-law Marlon Gordon argued before a three-member appeal panel that the two “indeterminate” concurrent life sentences imposed on him in July 30, 2012 were “wrong”.

The lawyer also argued on appeal that the trial judge, Justice Maureen Crane-Scott, had a duty to set a “minimum term of years” on the life sentences. As such he had submitted that the sentences were excessive, inhumane, degrading and in in breach of Section 15 of the Barbados Constitution.

At the time of the appeal acting Deputy Director of Public Prosecutions Anthony Blackman responded and submitted that the appellant had failed to demonstrate that that sentence was wrong in principle, manifestly excessive or disproportionate and the appeal should be dismissed and the life sentences affirmed.

He maintained that judge had satisfied all the required criteria in arriving at the ruling. These criteria were “correctly and lawfully,” applied, he added.

In its 20-page decision the Court of Appeal agreed on that point with the prosecution but also agreed with the defense  that a minimum term of years to be served should be set.

Pointing to the defence’s contention that the sentences were excessive, Appeal Judge Madam Justice Kaye Goodridge said two other members of the appeal – Chief Justice Sir Marston Gibson and former Barbados Appeal Judge Andrew Burgess – had conducted an examination of the record.  This she said, revealed that the trial judge had determined that the offences committed by the appellant were deserving of a custodial sentence.

Justice Goodridge said that the judge had considered the aggravating factors and concluded that the nature of the offences were such that a “very long sentence” was appropriate in the circumstances. The trial judge, she further explained, went on to examine the criteria necessary to determine the “appropriateness of life sentences” and found that the criteria had been satisfied and that it was necessary to protect the society from the appellant.

“We are of the opinion that the judge complied with the requirements of Chapter 139 and she properly exercised her discretion when she determined that sentences of life imprisonment were the appropriate sentences to be imposed on the appellant having regard to all the circumstances of the case,” the Court of Appeal judge said.

Madam Justice Goodridge told the Appeal Court with Sir Marston and acting Court of Appeal Judge Margaret Reifer in attendance, that the aggravating factors of the offence were that Frederick used a firearm during a robbery and that weapon was used to take the lives of two family members who were protecting their property.

Another aggravating factor, was the appellant’s previous conviction for aggravated burglary as well as the psychological report which indicated that he suffers from problematic personality features and would be a danger to society for an indeterminate period of time, the judge noted.

The mitigating factors were that the appellant pleaded guilty and expressed remorse.

“We have taken all these factors into account as well as the principles of sentencing and the possible rehabilitation of the appellant and we have concluded that we should recommend a minimum period of incarceration.

“Our recommendation is that the appellant should serve a minimum period of 20 years before any review takes place. It is hope that the necessary legislative amendments would be made in the near future in keeping with the Caribbean Court of Justice’s recommendation.

“The appeal is dismissed. The appellant should not be eligible for release before serving a minimum period of 20 years in prison.  The time spent on remand should deducted from that minimum period,” she ruled. fernellawedderburn@barbadostoday.bb