Joseph v Requena

• Jurisdiction: Belize
• Court: Supreme Court (Belize)
• Judge: Alcantara, J.
• Judgment Date: 02 October 1981
• Docket Number: Appeal No. 7 of 1981
• Date: 02 October 1981

Supreme Court

Alcantara, J.

Appeal No. 7 of 1981

Joseph

and

Requena

Mr. Denys Barrow, for the appellant

Mr. G. C. Gandhi, for the respondent

Criminal law - Sentence — Resident Magistrate imposing an excessively harsh sentence — Fine can act as deterrent based on circumstances of appellant — Court substituting a fine in the place of a term of imprisonment imposed by the lower court.

Alcantara, J.

1 This was originally an appeal against conviction and sentence. In court, counsel for the appellant said that his client only wished to appeal against sentence as she accepted that she was properly convicted.

2 The appellant was on the 10th day of May, 1981 convicted that she intentionally and unlawfully caused harm to Sonia Augustus. She was sentenced to prison for nine months with hard labour. She was also bound to keep the peace for two years in the sum of $200. In his reasons for sentence, the learned magistrate had this to say:– “I imposed a custodial sentence of 9 months with hard labour upon the defendant for the following reasons:–

• (a) I consider that the circumstances under which the blow was delivered were aggravated by the fact that the defendant and her sister actually went around to Mrs. Augustus' house in the early morning of Sunday, 10th May, 1981 to look for Mr. Augustus, in pursuance of a love affair. In the ensuing quarrel, Mrs. Augustus was injured.

• (b) The...