The Queen v Vernon Anthony Paddy
| Jurisdiction | British Virgin Islands |
| Judge | HARIPRASHAD-CHARLES J,Hariprashad-Charles J |
| Judgment Date | 27 April 2011 |
| Judgment citation (vLex) | [2011] ECSC J0427-1 |
| Court | High Court (British Virgin Islands) |
| Docket Number | BVIHCR2010/0020 |
| Date | 27 April 2011 |
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE (CRIMINAL)
BVIHCR2010/0020
Ms. Jude Indra Hanley, Crown Counsel for the Crown
Mr. Patrick Thompson of W. McTodman & Co. for the Defendant
(Criminal Law — Unlawfully and maliciously causing grievous bodily harm with intent — Aggravating factors outweigh mitigating factors — Defendant raised provocation — Upsurge in crimes of domestic violence)
This is a case of domestic violence, a crime of moral turpitude that causes far more pain than the visible marks of bruises and scars. The defendant, Vernon Anthony Paddy, is before the court for unlawfully and maliciously causing grievous bodily harm to his wife, (for anonymity, ‘the VC’) with intent to do so. 1
Mr. Paddy pleaded guilty and is now before the Court for sentencing. A sentencing hearing was held on 4 March 2011. I reserved my decision.
The salient facts
The unchallenged facts as outlined by the prosecution are as follows: Mr. Paddy is a native of Guyana. He and wife have been married for approximately 9 years. At the time of the incident, they were residing in an apartment at Towers, West End.
On 25 May 2010 at about 22:15 hrs, Inspector Dennis Jones, who occupies an apartment adjacent to Mr. Paddy and the VC, made a report to the West End Police Station. He requested police assistance at the couple's premises.
According to the VC, she and Mr. Paddy arrived home at about 21:45 hrs after stopping briefly at Pusser's, Road Town where she met him. She had a fruit punch and Mr. Paddy a beer.
Shortly after their arrival home, an argument ensued between them concerning the nature of the VC's relationship with a male who allegedly called her cellular telephone that morning while she was in the shower. The argument got more heated. Mr. Paddy enquired of the VC her commitment to the marriage. The VC expressed frustration with Mr. Paddy's continued violent behaviour towards her. She expressed a desire to end the marriage.
Mr. Paddy then left the bedroom. He returned shortly after with his hands behind his back. At that time, the VC was seated on the bed clad only in her underwear. Upon entering the room, Mr. Paddy walked towards her. He removed his hand from his back revealing a black and yellow hammer. He started to hit the VC on her head with the hammer. The VC tried to ward him off but was unsuccessful. Mr. Paddy then pushed her on the bed. He jumped on top of her and continued to hit her in the face with the hammer. She fought with him; at the same time, screaming for assistance. She ended up on the floor. He continued to hit her with the hammer on her head and face.
She managed to run out of the bedroom to the back door. The door was locked. As she tried to open it, Mr. Paddy pulled her back and continued striking her about her body with the hammer. This included a heaving blow to her head. She saw blood running down her body. As luck would have it, she managed to open the door. She ran out. Mr. Paddy pursued her, still firing blows at her. She managed to reach to the adjacent apartment where Inspector Jones and his wife live. Mrs. Jones gave the VC a towel to cover herself.
Inspector Jones arrested Mr. Paddy. Shortly thereafter, the police arrived. Police Officer Fraser questioned Mr. Paddy. Under caution, he replied, ‘Fraser, you know what is frustration.’
Officer Fraser then approached the VC. He observed what appeared to be blood running down her face, right hand and legs. There was also a swelling to her right jaw, forehead and right leg. She was also crying out in pain. A short while later, the ambulance arrived. The VC was transported to Peebles Hospital. She was examined by a doctor and admitted to the surgical ward for observation. She remained there for 8 days. She was discharged on 2 June 2010.
A black and yellow hammer approximately 14 inches long with what appeared to be blood was recovered outside Mr. Paddy's apartment.
Mr. Paddy was formally charged for attempted murder. He has been on remand for that offence since 26 May 2010. On 8 December 2010, he was indicted for causing grievous bodily harm with intent.
Learned Counsel, Mr. Thompson made a passionate plea in mitigation. He implored the Court to be lenient on Mr. Paddy who made a serious mistake. He submitted that Mr. Paddy, now 48, had an unblemished criminal record. He had been residing in the Territory for the past 13 years and had worked with the BVI Airport Authority for many years. At the time of the commission of the offence, his contract had not been renewed.
Learned Counsel also urged the Court to take into consideration the early plea of guilty by Mr. Paddy.
Mr. Paddy spoke. He displayed a lot of remorse for his actions. He apologised to his wife and family for putting them through this ordeal. He said that he was provoked and anger took the better part of him. Just before he attacked her, the VC had indicated to him that she wanted an end to the marriage.
He implored the court to temper justice with mercy on him as he has four sons and if he is given an opportunity, he will ensure that they do not walk in his footsteps.
Section 163 of the Criminal Code provides:
‘Any person who unlawfully and maliciously, by any means whatsoever, wounds or causes any grievous bodily harm to any person with intent so to do or with intent to resist or prevent the lawful apprehension or detainer of any person, commits an offence and is liable on conviction to imprisonment for life.’
Learned Crown Counsel, Ms. Hanley assisted the Court by providing many local and UK authorities on grievous bodily harm. She also identified the aggravating and mitigating factors. I am grateful for her assistance.
The local authorities referred to are R. v. Franklyn Smith & Travis Smith, 3R. v. Alexander Wheatley, 4R v Evans Joseph, 5Elton Beazer & Denroy Stevens v. The Queen, 6R. v Ovel Matthew, 7R. v. Wayne Fahie8andR. v. Kevin Frett. 9 The first three cases have nothing to do with domestic violence and as such, are not too helpful. The cases of R. v. Wayne Fahie, R. v. Kevin Frett, R. v Ovel Matthew and Elton Beazer & Denroy Stevens v. The Queen are more relevant since they deal with violence against women.
In Wayne Fahie, Mr. Fahie was charged with wounding with intent and unlawful wounding of his girlfriend of 11 years. He attacked her with a machete causing her serious injuries. He amputated her left hand, inflicted a 1.5 inches laceration to her forehead, a 1 inch laceration to the scalp and multiple lacerations to the left arm. He pleaded guilty. He was sentenced to 4 years imprisonment and he had to pay her US$25,000 in compensation. The maximum penalty that could have been imposed for the offences was 5 years imprisonment.
Kevin Frett was charged with causing grievous bodily harm with intent and unlawful and malicious wounding. He threw hot oil on the victim who suffered burns. He was convicted by a jury. He was sentenced to 3 years imprisonment.
In R. v Ovel Matthew, Mr. Matthew was charged with unlawful and malicious wounding with intent 10 and criminal damage. 11 The attack arose out of a dispute he had with the virtual complainant (who was his girlfriend) with reference to her ex-boyfriend being in and repairing her jeep. Mr. Matthew punched the virtual complainant on her face and head, tried to run her over with her vehicle, choked and kicked her. This happened on a public road. She spent 3 days in hospital. He pleaded guilty at the first available opportunity. He was sentenced to 5 years imprisonment. He was also ordered to pay compensation for her injuries.
In Elton Beazer & Denroy Stevens, the appellants were both charged with two counts of causing grievous bodily harm with intent. Both men attacked two bar maids at a bar in Virgin Gorda. The men used sticks and their fists to repeatedly beat the barmaids, beginning in the bar and ending in an adjacent marina. Both men pleaded guilty and were sentenced to seven (7) years on each count to run concurrently. Both men appealed their sentences. On appeal, the sentence of Beazer was reduced to 5 years imprisonment. The Court of Appeal upheld the 7-year sentence of Stevens.
Blackstone's Criminal Practice 2010/Supplemental Material 2010 Sentencing Guidelines Council Sentencing Guidelines Part 7 Overreaching principles: Domestic Violence states that there is no specific offence of domestic violence. But, for the purposes of the guideline, domestic violence is defined as:
‘Any incident of threatening behaviour, violence or abuse [psychological, physical, sexual, financial or emotional] between adults who are or have been intimate partners or family members, regardless of gender or sexuality.’
The sentencing guidelines make clear that offences committed in a domestic context should be regarded as being no less serious than offences committed in a non-domestic context. Thus, the starting point for sentencing should be the same irrespective of whether the offender and victim are known to each other (whether by virtue of being current or former intimate partners, family members, friends or acquaintances) or unknown to each other.
The guidelines also provide that since domestic violence takes place within the context of a current or past relationship, the history of the relationship will often be relevant in assessing the gravity of the offence. Therefore, a court is entitled to take into account anything occurring within the relationship as a whole, which may reveal aggravating or mitigating factors. In the present case, the VC revealed that Mr. Paddy threatened her...
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The Queen v Jay Marie Chin
...explored in a recent decision of J. Hariprashad-Charles in the High Court of the British Virgin Islands. In that case, The Queen v. Vernon Anthony Paddy. BVIHCR 2010/0020 at paragraph 24, the court referred with approval to the definition of domestic violence found in Blackstone's Criminal ......