Alcohol, violent behaviour – Judge to man jailed for beating woman

A 49-year-old father of two has been sentenced to serve two years and six months’ imprisonment on conviction for the offence of assault causing actual bodily harm.
The custodial sentence was handed down on Wednesday by Justice Jo Ann Barlow, who is presiding at the High Court in Demerara.

In September, State Prosecutors presented an indictment for rape and another for assault causing actual bodily harm against carpenter Bhola Bhagwandin, called ‘Buddy’. The prosecutor contended that both offences were committed against the same woman on September 2, 2019 in the county of Demerara.
Following a trial that ended on September 30, a 12-member jury found Bhagwandin not guilty on the rape charge, but unanimously guilty on the assault charge. As such, Justice Barlow had instructed the convict to return to court on Wednesday for sentencing.
Facts presented by the prosecutor revealed that Bhagwandin and the woman are known to each other. The woman was at home alone on the day in question when Bhagwandin allegedly went there and began feeling her breasts and holding her hands against her will.
When the woman told him to desist from touching her, he allegedly cuffed her in her back and belly, before allegedly picking up a piece of wood from the yard and dealing her several lashes about her body. He then allegedly pushed the woman onto a concrete floor and raped her.
The woman reported the matter to the Police the following day.
During Wednesday’s sentencing hearing, State Prosecutor Sarah Martin informed the court that Bhagwandin had previously been convicted, and had served time in prison.
Bhagwadin’s lawyer, Teriq Mohammed, pleaded with the Judge to be lenient when handing down her sentence.
“I am sorry for everything that has happened. I just want to live a life to suit me and my children, and change my life,” Bhagwandin said in brief remarks to the court. He claimed that the woman was in the habit of making false allegations against him, and that this was one such case.
Justice Barlow, in her sentencing remarks, noted that Bhagwandin did things no man should do to a woman. She noted, too, that he violated a restraining order the woman had against him.
Having considered the aggravating factors, the high instances of domestic violence, and the blatant disregard for court orders, Justice Barlow said, a custodial sentence was appropriate in this case.
“This court has to send you to prison. I can’t avoid that,” the Justice told Bhagwadin.
She further told him that the maximum penalty for the offence for which he was convicted is five years’ imprisonment in accordance with the Criminal Law (Offences) Act. However, considering the mitigating factors and other circumstances, the Judge found that a sentence of two years and six months was fit.
Before the convict was taken away to begin serving his sentence, the Judge advised him to avoid alcohol and violent behaviour when he returns to society. (G1)