Too many murders being reduced to manslaughter

Dear Editor,
Over the past 10 years or so, the Director of Public Prosecutions, Shalimar Ali Hack, along with the Judiciary, agreed to numerous decisions to accept mitigating pleas of manslaughter in cases of murder.
It is indeed shocking that a man, Raymond O’Selmo, who stabbed Nadina Kalamadeen, a 35-year-old mother of 5 children, multiple times to death in 2019 was given a sentence of 10 years on the lesser count of manslaughter. Deduction for remand time indicates that he will be free in 5 years.
It is commonplace that charges of murder are too frequently reduced to manslaughter and consequently accepted by the courts. It must be noted that Guyana has one of the highest levels of gender-based violence in the world (1 in 2 women will endure violence), according to the UN Women Survey.
Raymond O’Selmo was rejected by Nadina Kalamadeen, and he unleashed a most savage and bloody attack on her, and now the question is: Will this type of person be free to commit further acts of violence in just a few years?
Such sentencing has become the norm in what passes for accurate jurisprudence. A few previous cases will suffice. On November 17, 2020, Devon Chacon was released for time served, which was three years on remand. There should be no mitigating circumstances – scientific or interpretative – that can allow for any leniency of this magnitude. (Possession of marijuana joint carries a regular sentence of 3 and 1/2 years). According to the charge, Devon Chacon armed himself with a gun, entered the home of Abdool Subrati, then shot him to death. In his brief address, the presiding judge said he did not have much to say, as both sides (defence and prosecution) ‘had extensive discussion regarding the matter, and knew what has been decided upon.
A magistrate jailed a man for six months for stealing toilet paper. But this is not a new phenomenon; way back around 1990, Magistrate Juliet Holder Alleyne sentenced a man for stealing a pound of cheese (from Geddes Grant, now Courts) to 6 months’ imprisonment.
The sentence handed down by Justice Simone Morris-Ramlall when Kurt Erskine, the killer, left his place of residence on July 05, 2015, armed himself with a gun and travelled miles and shot Ganesh Ramlall (Boyo) to death at La Jalousie, West Coast Demerara. He pleaded guilty to the lesser charge of manslaughter and received 15 years in a most bizarre decision by the judge. The Citi-Mall owner was shot eight times! Faizal Bacchus, the lookout/informer, was freed (sentenced to time served) after pleading to the lesser count of manslaughter. Lenox Roberts, the third person charged in the murder, received a similar slap on the wrist.
Take, for example, the sentence handed down Justice Simone Morris-Ramlall three months ago, in the matter of Kurt Erskine. Now, there are 4 modes of a crime:
1. Acting purposely – the defendant had an underlying conscious object to act.
2. Acting knowingly – the defendant is practically certain that the conduct will cause a particular result.
3. Acting recklessly – the defendant consciously disregarded a substantial and unjustified risk.
4. Acting negligently – the defendant was not aware of the risk, but should have been aware of the risk.
In legal terms, these men possessed a guilty mind, the so-called Mens Rea, which refers to criminal intent. Therefore, sentencing should be in accordance with this factor.
There is urgent need for a sentencing policy, and the Attorney General along with the Chief Justice and Chancellor of the Judiciary must construct the appropriate guidelines.

Sincerely,
Leyland Roopnaraine

Editor’s note:
On July 26, 2023, Attorney General and Legal Affairs Minister Anil Nandlall said that the Government is embarking on crafting sentencing guidelines. These will be available once ongoing consultations are completed.