(CMR) The Grand Court has dismissed an appeal filed by Mekko Gooden to reduce a 6.5-year sentence handed down in Summary Court for threatening to kill his ex-wife.
Gooden, a Jamaican national, reportedly told the woman that if she did not allow him to get documents to stay in the Cayman Islands, then he would kill her.
Last February, Gooden pleaded guilty during trial and was sentenced to 6.5 years for threatening to kill his ex-wife. He was sentenced to a total of 86 months relating to a series of offenses, including overstaying.
Gooden's lawyer had argued that the sentence was excessive, especially in relation to threats to kill, for which he was sentenced to 6.5 years. The defense claimed the offense was a Category 2 offense and not Category 1, as the magistrate stated.
The defense also argued that the victim's impact statement should not have been used as an aggravating factor to increase the sentence.
Justice Cheryl Richards dismissed the appeal on Thursday, stating that there was no error on the part of the magistrate in categorizing the offense as Category A. She also stated that the court may consider the victim impact statement in handing down a sentence.
Before delivering her ruling, Justice Richard pointed out to Gooden's lawyer that the magistrate indicated that she did not take into account an additional aggravating factor—Gooden's conviction in 2020.
Justice Richards said the sentence handed down by Magistrate Vanessa Allard was not manifestly excessive as having considered all the circumstances, the learned magistrate was within her discretion to hand down the sentence given.
Gooden is said to have some 30 previous convictions, including for harassment and was on a suspended sentence when he threatened his ex-wife. However, the magistrate was careful to state that the fact that it occurred during a suspended sentence it was not to be seen as an aggravating factor – as it would involve an element of double counting.
The magistrate also indicated that she did not take into account as an aggravating factor that this was his ex-wife was the same victim for a conviction in 2020 as that history of violence against the victim was already taken into account.
Justice Richards said with the care taken by the magistrate not to double count, the court was unable to identify any error on the part of the magistrate.
She said the sentence was not manifestly excessive as having considered all the circumstances, the learned magistrate was within her discretion to hand down the sentence given.
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