A labourer who hit his foreman in the face with a shovel ten years ago, resulting in multiple facial fractures and lacerations as well as injury to the right eye, will find out his fate when the matter resumes before the High Court in November.
The case against Errol Demond Jacobs of 2nd Avenue Arthur Land, Tweedside Road, St Michael, came up before Madam Justice Pamela Beckles on Thursday.
He had previously pleaded guilty to unlawfully and maliciously inflicting serious bodily harm on Rory Marshall on February 11, 2013.
The No. 5 Supreme Court heard that the 42-year-old first-time offender and Marshall knew each other for some time before the incident.
State Counsel Paul Prescod disclosed that on the mentioned date, the two were on a job site to erect a chicken pen when they had a difference of opinion over how to set up the scaffolding needed for the job.
At one point, Marshall was resting on the structure when Jacobs, who had armed himself with a shovel, walked up behind him. Another worker on the job site saw what was happening, according to the prosecutor, and shouted, “Look out!” Marshall then felt an impact on his head.
He said he did not know who or what hit him, but a coworker told police what he had witnessed.
Marshall was taken to the Queen Elizabeth Hospital.
According to a medical report, he had to undergo two medical procedures as he suffered multiple lacerations and facial fractures, and his right eye was injured. The degree of force used to inflict the injuries was moderate to severe.
When Jacobs was interviewed by police, he claimed
that Marshall was “dissing” him on the day and had informed him that if he wasted time on the scaffolding, he would dock his pay.
He admitted that he hit Marshall with the shovel, but said: “I feel real sorry for what happened.”
In his submissions on what sentence Jacobs should receive for his actions, Prescod told Justice Beckles that the offence had crossed the threshold for a custodial sentence.
However, he said, Marshall also wanted compensation because of how the incident had impacted him.
Referring to the victim impact statement, the prosecutor noted that Marshall stated that he had suffered a broken bone under his right eye, which resulted in his vision being impaired, and his face was now disfigured. He also said the incident had changed his life.
The prosecutor then submitted that the convicted man should pay Marshall compensation between $25 000 and $30 000 with an alternative prison sentence if not paid.
However, Jacobs’ attorney Mohia Ma’at, suggested payment in the region of $7 500.
However, Justice Beckles has made it clear that if the court considers going the route of compensation, it will not be less than $20 000.
Jacobs will be sentenced on November 1.
