SENTENCING HANDBOOK 2016 449
JUDGMENTS
Sheldon Walker, Sherwin Walker, and Kirth Alexander v The State D3-1
C.A.CRIM.2–4/2014
Justice Hayden St Clair Douglas
March 13, 2014
In the early morning hours of Carnival Tuesday, the defendants and others were participating
in carnival activities. A sister and female cousin of the third defendant reported that they
went to the bathroom and were propositioned and/or molested by a man. The defendants
accompanied the females to the bathroom area where they pointed out the man, who was
the deceased. There was a confrontation between the defendants, who had armed themselves
with bottles and missiles, and the deceased who later fled the scene, but was pursued by
the defendants. The Post Mortem Report indicated there was extensive bleeding over the
surface of the brain and concluded that the deceased died from blunt force head injury. The
defendants pleaded not guilty to Murder but guilty to Manslaughter.
Justice St Clair-Douglas started with fifteen (15) years imprisonment and deducted a third
for the guilty plea. Eight (8) years and nine (9) months were then deducted for time spent in
custody. The court imposed a sentence of one (1) year and three (3) months imprisonment.
Aggravating Factors:
• The seriousness and prevalence of the offence;
• The deceased was outnumbered.
Mitigating Factors:
• The offence was not premeditated. Offence committed in hot blood and prisoners
used items at hand.
• Guilty plea;
• Prisoners had no previous convictions;
• Prisoners conducted themselves admirably during time spent in custody in the
prison.
Current Maximum Penalty: Death.
Disposition:
Appeal withdrawn.
Sentence:
One (1) year and three (3) months imprisonment.
450 SENTENCING HANDBOOK 2016
NOTES
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The Sentencing Handbook
2016 contains an amalgamation
of the cases from the previously published version, spanning 1990–2009, as well as cases from 2010–2016. Unlike its predecessor, the Sentencing Handbook 2016
contains three types of cases – Magisterial Appeals, High Court decisions, and Criminal Appeals.
This edition also contains other key changes that enhance the publication’s utility, and covers areas that were not previously included. It includes a revised selection of criminal offences to reflect their prevalence and impact on our society; new categories of information for each offence that play a crucial role in plea bargaining and provide for a more thorough and holistic first-look at the cases; and excerpts from judgments in landmark cases, as it is of great importance
that the philosophy behind the decision is made clear and is understood. Moreover, the landmark cases included are indigenous, as
the legal reasoning engaged by local judges is celebrated as adequate judicial guidance.
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