A 64-year-old convict who maimed his neighbour in a cutlass attack asked for more time to pay the $25 000 in compensation imposed on him today.
But Madam Justice Pamela Beckles made it absolutely clear to convicted man Anderson Alvere Phillips, of 2nd Avenue Ince Cape Terrace, St Philip, that she would not grant more than the six months imposed given that the victim, Winfield Alleyne, had been waiting for justice for over a decade.
“I seriously wrestled with this one and I know $25,000 is a lot of money but the incident happened since 2007. The complainant has had to wait 12 years and I think to give a long period of time will not do justice at all. This is a punishment.
“You are going to make ever effort . . . to try to pay this money in that period of time. I don’t think it would be just if I were to extend that any further in light of the fact the complainant has had to already wait 12 years.
“The jury found you guilty in 2018. He has had to wait a further two years before we could even reach to this point of sentencing. So this is the order of the court,” she told Phillips who was represented by attorney-at-law Arthur Holder. The victim Alleyne was present in court.
Phillips had been charged with unlawfully wounding Alleyne on March 15, 2007 with intent to do maim, disfigure or disable him or to do serious bodily harm to him as well as with unlawfully and maliciously inflicting serious bodily harm on Alleyne. He went on trial and the jury found him guilty on the first charge in 2018.
During the trial prosecuted by Crown Counsel Neville Watson, evidence showed that Alleyne and Phillips lived in the same area.
On the morning on March 15, 2007 around 10 a.m., Alleyne burnt some stuff behind his residence. After completing the task he ventured to a nearby shop passing Phillips in his garage on his way. But on returning home he saw Phillips walking in his direction with an object in his hand. They passed each other but when he looked back he saw Phillips running towards him and he ran. While running he felt an object strike him on his right leg causing him to fall. Alleyne said Phillips caught up with him and he noticed him unwrapping the object which he realised was a cutlass. Phillips started to chop at him and he sustained cuts and numerous injuries about his body. His shouts for help got another man’s attention, prompting Phillips to ran home.
Alleyne was taken to the Queen Elizabeth Hospital were he was treated and detained for five days. As a result of the incident his right index figure was severed and his middle finger has limited mobility.
Taking into consideration the facts Justice Beckles pointed to the aggravating features stating that a dangerous weapon was used with sever force. She said Phillips knew the complainant and the incident took place within close proximity of their homes.
“[It’s] a constant reminder to the complainant,” she added saying that the effect of the injuries on the complainant was not only physical but emotional and financial
Also aggravating according to the judge was the fact that the act was “premeditated and deliberate, in that you armed yourself with a cutlass . . . and inflicted the injuries in broad day light while the complainant was returning home. Your actions clearly showed that this was no spontaneous act on your part. You ran after the complainant and inflicted a number of injuries to his body which resulted in him losing a finger and limited mobility to another”.
Justice Beckles said the court could find no mitigating factors relative to the offence but there were some to Phillips the offender.
For the crime she imposed a starting sentence of four years but reduced it by a year given his “excellent pre sentencing report, his otherwise unblemished record, the fact that the incident occurred some 12 years ago as well as the fact that both parties had expressed a desire for a compensation.”
She sentenced Phillips to three years in prison which was suspended for three years.
Justice Beckles stated: “Both parties had expressed a desire for a compensation order [and] the court has been reluctantly persuaded to make a compensation order. The court considers that the amount in the sum of $25,000 will be just and reasonable in the circumstances having regard to the evidence before the court.”
If Phillips does not pay the amount within six months it will attract interest rate of six percent per annum.