Defence and prosecution attorneys have agreed that Marlon Terry Martyr should pay up to $1 000 in compensation to his child’s mother, whom he assaulted almost eight years ago.
In a previous appearance in the No. 5 Supreme Court, Martyr admitted that he trespassed on Saeeda Kalang’s home and attempted to inflict grievous bodily harm on Olivia Burgess and to assaulting Burgess, occasioning her actual bodily harm, on January 27, 2018.
Defence counsel Brandi Browne, who represents the accused in association with Senior Counsel Arthur Holder, called the situation “unfortunate”. She told the court that when the altercation occurred, her client had been raising their son without financial support from the mother, and had outlined in his statement to police: “All I does want from her is $20 for the little man.”
The attorney noted that his pre-sentence report indicated that he was at a low to moderate risk of reoffending, and urged that his penalty not be a custodial sentence but one of probation.
Browne suggested that since Burgess was not seriously injured, compensation be considered between $500 and $1 000.
Also agreeing with this range, State Counsel Maya Kellman, who appeared for Acting Deputy Director of Public Prosecutions Krystal Delaney, found that the house being occupied, the damage caused by the accused, and the injuries caused to the complainant were aggravating factors, along with his three previous convictions, one of which was similar in nature. Martyr’s early admission of guilt, favourable pre-sentence report, and remorse were viewed as mitigating.
Noting that the offences occurred due to “his heightened frustration and emotions”, Kellman nevertheless said that the convicted man had a choice in his actions.
She submitted that the starting point for each offence be eight years and that Martyr be granted all relevant deductions. Kellman suggested that he be placed on a suspended sentence or alternatively pay compensation.
Justice Pamela Beckles will sentence the convicted man on December 17.
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