A man must pay $5 000 in compensation to his child’s mother for assaulting her almost eight years ago.
Justice Pamela Beckles told Marlon Terry Martyr that while his belief that the complainant should have contributed financially to the child’s maintenance might be understandable, it does not justify his actions.
The judge said: “Obviously, you weren’t satisfied with her response, and you took matters into your own hands. You can’t do that. This money should really be going to taking care of this child, and now, you have to pay it as a fine because you are not a first-time offender, and I can’t give you a slap on the wrist.”
Martyr returned to the No. 5 Supreme Court for sentencing, after admitting to trespassing in Saeeda Kalang’s house and attempting to inflict grievous bodily harm on Olivia Burgess on January 27 2018. He also pleaded guilty to assaulting Burgess, occasioning her actual bodily harm. The court heard the couple had one child, who lived with Martyr’s aunt, while the mother rented a room in a house.
Martyr kicked down the door of the home, broke the deadbolt and entered Burgess’ room, where he repeatedly punched her in the face until someone pulled him off. The police were called.
In sentencing him, the judge ruled that a five-year starting point was appropriate for that offence, citing the break-in’s nature and gravity, the relationship between the parties, the fact that the complainant was assaulted in her home, where she should have felt safe, and that she was struck several times in the face. One year was deducted for Martyr’s cooperation with the police, his apparent remorse, and a favourable pre-sentence report, which deemed him to be at low risk of reoffending. A one-third discount was applied for his admission of guilt.
“After a thorough review of the circumstances of this case and recognising that the child in question depends on you financially and for emotional support, and after reviewing the submissions made by both the prosecution and defence, the court has decided to substitute the period of imprisonment with a fine of $5 000,” she said, regarding the burglary.
Justice Beckles told him he would have to pay the fine in three months or serve 973 days at Dodds Prison. For the assault, she placed him on a two-year bond to keep the peace, which, if breached, will lead to a year behind bars.
“You and the complainant have a child; you will come into contact with one another. Don’t let it get violent, where you end up with a criminal conviction because these 973 days will be activated,” the judge added. The case will be reviewed on March 31.
Defence counsel Brandi Browne represented Martyr in association with Senior Counsel Arthur Holder, while Senior State Counsel Kevin Forde appeared on behalf of the State.
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