Attempted murder conviction: Man freed after Appeal Court slashes jailtime

Samuel Infias Shaw, also known as ‘Taliban’ and ‘Arno,’ who had been convicted in 2016 of attempting to murder Bajai Ramdass, known as ‘Bruck Back,’ during a violent altercation that occurred on January 16, 2012 at Crabwood Creek, Corentyne, has been released from prison after the Court of Appeal reduced his 17-year sentence to “time served.”

The decision, delivered by Justice Yonette Cummings-Edwards on Wednesday, came after Shaw’s appeal had successfully challenged the severity of his sentence, citing discrepancies in sentencing practices and highlighting mitigating factors such as a favourable probation report and his lack of prior convictions.
“In the circumstances, we allow the appeal against sentence. The conviction of the appellant stands, but the appeal against sentence is allowed, and the sentence of the appellant is thereby reduced to the time that would have been served in custody,” Justice Cummings-Edwards declared in delivering the decision.

Recap
Shaw and his co-accused, Ramsammy Angeshallam, known as ‘Babs,’ had been found guilty of attacking Ramdass during a dispute over a plantain farm. Ramdass had testified that he and Shaw had entered into a business agreement to plant plantains together. However, the partnership collapsed when Shaw allegedly refused to pay him, prompting him to initiate legal proceedings.
Ramdass had visited the disputed farm on January 16, 2012, and was ambushed by Shaw and Angeshallam.
Witnesses testified that Shaw, armed with a shotgun, had fired at Ramdass, hitting him in the back; and Angeshallam, wielding a bicycle tube, had tried to drag Ramdass towards Shaw, who had allegedly threatened to mutilate him.
Despite being severely injured, Ramdass had managed to defend himself with a cutlass, with which he had wounded Angeshallam before feigning death to avoid further harm.
Shaw had then reportedly fired a second shot at Ramdass’s face, and the injuries he had sustained had left Ramdass paralyzed from the waist down and blind in one eye.
Arrested and charged with attempted murder, Shaw and Angeshallam had both denied the allegations at their trial, claiming in unsworn statements that the victim’s brother – Jagdeo, known as ‘Spraga,’ – had been theperpetrator of the crime.
However, a 12-member jury at the Berbice Criminal Assizes had, in 2016, rejected their defense after deliberating for over two hours, and had found Shaw and Angeshallam guilty as charged
Justice Franklyn Holder had sentenced Shaw to 17 years in prison, while Angeshallam had been sentenced to 12 years in prison.
Discrepancy in sentencing had become a key issue in Shaw’s appeal, and he had argued that his sentence was excessive and failed to take into account mitigating factors. His legal team, led by Attorney Nigel Hughes, contended that the trial judge did not adequately consider his clean record and the favourable probation report which painted him in a positive light.
The state was represented by Assistant Director of Public Prosecution (DPP),Natasha Backer.
The Court of Appeal, in agreeing with the defence team’s submissions, stated, “The trial judge here had a starting point of 22 years, but considered that, because of a favourable probation report, he deducted five years before arriving at the sentence of 17 years’ imprisonment.”
The Appellate Court found that the starting point should have been 12 years, given the circumstances of the case. Additionally, the court highlighted inconsistencies in sentencing, noting that Angeshallam, who had been convicted on the same facts, had received a lighter sentence of 12 years. The court emphasized that sentencing must be proportionate and consistent.
“The probation report of the appellant was an extremely favourable report, and we believe that more should have been deducted from (the original sentence),” Justice Cummings-Edwards remarked.
The court ultimately reduced Shaw’s sentence to time served, leading to his immediate release.
The term “time served” refers to the period a person has already spent in custody while awaiting trial, sentencing, or during the appeal process. In Shaw’s case, he had been incarcerated for over a decade, including the time spent in pretrial detention and after his conviction. By reducing his sentence to time served, the Court of Appeal determined that Shaw’s time behind bars was sufficient punishment for the crime.
This ruling allowed Shaw to be released immediately. (G9)