Driver ordered to pay $12 000 for causing bartender’s death

The loss of a well-loved bartender deprived a mother of her son’s love and robbed friends of his companionship.

This was one of the remarks made today as Justice Laurie-Ann Smith Bovell sentenced Ron Rodrick Robinson, 33, of Charnocks, Christ Church.

Robinson was charged with causing the death of Adrian Goddard by driving a motorcar dangerous to the public. He pleaded guilty to the lesser count of dangerous driving. Goddard, 41, of College Savannah, St John was a bartender at Bubba’s Sports Bar and Restaurant.

Today Justice Smith-Bovell ordered Robinson to pay a $12 000 fine, $4000 immediately and the balance of $8000 to be paid in four monthly installments commencing for April 30, 2021. The alternative sentence is 24 months in jail.

According to the facts in the matter, on January 24, 2017, around 11:59 p.m. Robinson was driving going in the direction of St Patricks, Christ Church while Goddard was headed in the opposite direction towards Six Roads, St Philip. Goddard was accompanied by work colleague Adrian Jones who was driving his own motorcar a short distant ahead of Goddard.

As Robinson approached a left hand bend, he lost control of the vehicle and it slid sideways colliding with the car driven by the deceased. Both were trapped in the vehicles and had to be rescued by the Barbados Fire Service. They were then taken to QEH where Goddard later died.

On April 26, 2017, Robinson went to District “C” Police Station, accompanied by attorney Denis Headley and handed in a written statement.

Robinson has no previous traffic offences but in the statement, given to police, he admitted being involved in previous accidents.

In the pre-sentencing report which outlined his education history, employment background and attitude regarding the offence, his mother described him as an industrious and intelligent individual who assisted with the upkeep of home and looked after her medical needs. Members of his community referred to him as a non-problematic person while his place of employment spoke of his commendable work ethic.

Robinson expressed remorse and accepted responsibility for the offence but admitted that it had affected him psychologically. However, he said he was empathetic to the Goddard family.

The deceased’s mother described the death of her son as traumatic, even more so as he passed away a few days after her birthday. She said he was a noble individual who looked after her wellbeing and recalled that they shared a close bond.

The Crown represented by Acting Senior Crown Counsel Rudolph Burnett noted Chief Justice David Simmons’ guidance in such cases. That guidance suggests that in sentencing these types of matters the court should ask two questions – is this offence so serious having regard to the facts and circumstances, that only a custodial sentence is merited? And if yes, what is the length of the sentence that will be proportionate in those facts and circumstances?

In asking those questions the Crown believed that this case was not one that merited a custodial sentence. Burnett also said that while the issue of speed was raised there was no absolute evidence that speed played a part in the accident.

However, the prosecution acknowledged the good pre-sentencing report.

Though they said a custodial sentence was not merited they asked the court to be mindful that in giving a sentence it should “drive home the message of the dangers resulting from dangerous driving on our roads, and deter other drivers from driving in a dangerous manner”.

He reminded the No. 4 Supreme Court that at the end of the day one needed to acknowledge that a life was lost and suggested a maximum fine of $15 000.

Counsel for Robinson agreed that the case did not merit a custodial sentence and asked the court to consider his cross-examination of the reconstructionist. The vehicle expert had stated that he could not speak to the issue of speed being a contributing factor.

Robinson’s legal team highlighted that he had no previous convictions, had given an early guilty plea, displayed genuine remorse and shock, and had a good pre-sentencing report which stated that he was unlikely to re-offend.

They also urged the court not to suspend his driver’s licence given his profession in the medical field.

After considering the facts, the pre-sentencing report and the submissions of both counsels the court too decided the case was not so serious that a custodial sentence was merited but offered instead a fine which reflected the gravity of the offence.

The main aggravating factor, according to the court, was that a life was lost while the mitigating features related to the fact that there was no clear evidence to suggest the now convicted man purposely contributed to the accident. His absence of previous convictions and genuine remorse were also mitigating factors.

“In circumstances where a life is lost in an accident… the suspension of the driver’s licence is merited however as pointed out by the defence counsel repercussions of such a suspension in this matter are far reaching and therefore a suspension would not be imposed given the special circumstances,” the High Court judge said.

Despite the mitigating factors, however, it was noted that the court could not ignore that someone died.

“He was someone’s son… his life has been snuffed out and this has impacted on the lives of those closest to him. His mother has been deprived of her son’s love and all the hopes and aspirations she would’ve had for him. His family and friends no longer have his companionship. Therefore when arriving at an appropriate starting point these factors are also considered,” Justice Smith-Bovell stated.