Custodial sentences for Black Bay Murder

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Two of the men charged with the Black Bay Murder of small businessman Anthony Frederick have received different custodial sentences. High Court Judge Justice Francis Cumberbatch sentenced Che Phillip and Kenny Morain Braveboy last week Thursday.

Che-Phillip-&-Kenny-Morain-BraveboyBoth convicted men had pleaded guilty to the lesser offense of manslaughter that carries a maximum sentence of 15 years imprisonment. The 59-year old Frederick was gunned down inside his supermarket on February 8, 2008 as he attempted to stop a robbery that was taking place at the time at his business. Justice Cumberbatch started off by giving both men a fixed custodial sentence of 12 years.

However, he took off two years for the breach of their constitutional rights given the time the matter was brought to court as time served on remand while awaiting trial. The judge also looked at the time spent on remand by the convicted men and as a result Phillip received a more lenient sentence which should be less than one year in prison. In the case of Braveboy, he should not serve more than five years in prison given his discounted years.

Phillip who instantly pleaded guilty to manslaughter at the first reasonably opportunity served as a prosecution witness against his co-accused. Braveboy only pleaded guilty to manslaughter on April 15, after eight weeks into the second trial after a mistrial was declared during the June 2010 sitting of the assizes.

Justice Cumberbatch felt that Braveboy did not show remorse for the crime and that he facilitated Phillip and another co-accused, Albert Griffith by taking them to the location with the use of his car. The judge said the facts of the case show that the crime was planned and premeditated.


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