Convict withdraws appeal

A convicted man went before the Barbados Court of Appeal this morning to challenge a part of his combination sentence.

However, Cuthbert Joseph, from Bayland, St Michael had a change of heart just midway through addressing the panel of Appeal judges which included Chief Justice Sir Patterson Cheltenham, Justice Francis Belle and Justice Rajendra Narine.

Joseph had been charged with unlawfully wounding Margaret Christophe with intent to maim, disfigure or disable her on August 12, 2014. He was also charged with unlawfully and maliciously wounding her on the same day.

He pleaded not guilty to the first count and guilty to the second count – the lesser charge. He was sentenced to nine years in prison but after taking several factors into consideration and the time he had spent on remand he had just a little of five years left to serve on the sentence.

That term of imprisonment he told the judges will expire in April next year.

He was also ordered to pay the complainant $10, 000 in compensation within two years of his release. However he was told at the time he was sentenced that the payment will be reassessed on his release.

Joseph told the panel of Appeal judges that he wanted to challenge the fee as it was “too high hence why I want the appeal”. He explained that he had to take care of himself and children on his release.

He was however reminded that he had to reappear in court on the issue of compensation, as ordered by the judicial officer who sentenced him, for the situation to be assessed.

Joseph responded: “In that case I wish to cancel the appeal.” The Chief Justice then granted the appellant leave to withdraw the case after ensuring that he understood the process involving his sentence.

The respondents were represented by Crown Counsels Danielle Mottley and Romario Straker.