A defence attorney has urged the High Court not to impose a whole life sentence on twice-convicted murderer Gabriel Shando Hayde, arguing that his existing life term with a 43-year tariff already ensures he will not be eligible for parole until his seventies.
Defence counsel Safiya Moore said: “What makes it unique — and I have been unable to find any other sentence or circumstance similar in this jurisdiction — is that Mr Hayde is the first person being sentenced who is already serving the sentence of life imprisonment with a tariff, which in these circumstances will have to raise the totality principle as outlined in the Caribbean Court of Justice decision of Pompey into the matter.”
Moore’s submission was in the sentencing hearing of Hayde of Colleton Tenantry, St John, who, earlier this month, was convicted of murdering Roger Moore, formerly of Bath Land, on August 18, 2020.
Last week, Hayde was sentenced to life imprisonment with a tariff of 48 years (before deductions) for the murder of Kerwin Howell of Gall Hill, also in St John, on February 16, 2020.
Hayde’s lawyer said: “As this court contemplates what is an appropriate sentence in the matter of Mr Hayde there must be the consideration that for somebody at 30 years, he is already facing the circumstances that there is another 43 years remaining to be served. So at minimum at this stage of Mr Hayde’s life, he does not face the possibility of parole before the age of 73.”
Noting that the totality principle states that the court must consider whether a concurrent or consecutive sentence is appropriate, she said that while the court can impose a sentence on top of a life sentence with a tariff, in many of the jurisdictions where this has occurred, those tariffs were statutorily limited.
“So in many of those cases that we refer to there was a 15-year, 20-year or 25-year tariff that was imposed, so when an additional sentence was placed on top of that, it still was a realistic sentence in the circumstances.”
Acting Deputy Director of Public Prosecutions Krystal Delaney who prosecuted the matter, along with Acting Senior State Counsel Anastacia McMeo-Boyce, reached a 40-year starting point when considering the offence’s aggravating factors, including the use of a firearm, that Hayde was armed in advance, that the shooting was “callous and unprovoked” and “could only be described as a hit”, that the deceased was shot twice to the chest and once to the face, and that it took place in the presence of not only adults but young children.
She therefore increased the term to a whole life sentence, highlighting Hayde’s previous murder conviction, which occurred only months prior to the current offence and in circumstances that were “strikingly similar” to the first, and his being deemed at a high risk of reoffending.
She said: “Whilst the circumstances of the murder when we look at it on its own may not be sufficient to impose a whole life sentence, in my submissions, when the court looks at the circumstances of the murder and the circumstances in relation to this convicted man, it satisfies all of these criteria.”
“The offence was committed in a very heinous manner. He just walked up to the deceased Roger Moore, and fired shots at him, for reasons known to himself, but in addition to that we had the assessment that he is a danger to society, and has a high risk of reoffending. And we see that when he offends, he is not a person who goes and steals a pack of soap from a supermarket. He offends with a gun.”
“Even though it was not brought out in trial, because I did not want to prejudice the accused, we know from the disclosure in this case that this convicted man was previously charged for shooting Roger Moore. So from the evidence, he reoffends in a way that is seriously injurious to the public.”
Alternatively, she said that if a whole life term was not considered, this was an appropriate case for consecutive sentencing.
Delaney argued that the focus must not be placed on rehabilitation, but on deterrence, as “a message had to be sent to the general populace that these kinds of offences will attract serious penalties”.
She said: “The facts of this case, the circumstances of this offender and the requirement for the sentence to maintain public confidence in the judicial system mandate that a very, very lengthy sentence be imposed on Gabriel Hayde. Either a whole life sentence or alternatively a consecutive sentence to be served following the one imposed for the first murder will do justice in this case.”
In his address to the court, Hayde reiterated his innocence regarding the charge. “I am sorry the young man lost his life,” he said. “I continue to maintain my innocence. I had nothing to do with the matter. I was never present.”
Adjourning the sentencing until March 6, Justice Carlisle Greaves said: “This is a novel situation in this jurisdiction. Although I feel confident to deliver a judgment at this point, I think it is of sufficient importance that I should produce my judgment in writing in this circumstance.”
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