Reduced prison term for Portsmouth man

first_imgLocalNews Reduced prison term for Portsmouth man by: Dominica Vibes News – November 9, 2015 Share 830 Views   one comment Sharing is caring! Sharecenter_img Share Tweet David St Jean (File Photo)A Portsmouth man, who pleaded guilty to manslaughter of Clement James of Good Hope, has had his sentence reduced from thirteen years to ten years by the Eastern Caribbean Supreme Court of Appeal.David St Jean, who pleaded guilty to manslaughter in 2015, was sentenced to serve thirteen years and three months in prison by Justice Errol Thomas on Friday 12 June 2015.The Eastern Caribbean Supreme Court of appeal upheld the appeal to reduce the sentence from thirteen to ten years on Monday 9 November 2015 at the High Court in Roseau, Dominica. According to St Jean’s attorney Wayne Norde, the High Court Judge erred in his judgment when he moved from the benchmark of sentencing from 15 years as the sentence to 20 years without giving any reasons. If the benchmark for sentencing was at 15 years, the appellant would serve only 10 years and 3 months but with it being set at 20 years the appellant was sentenced to thirteen years and three months.Norde, who gave four sub grounds why the appellant should be given a lesser term, added that the judge did not take into consideration the offender’s “tender age” of 21 at the time of the incident and youthfulness, that there were no previous convictions as an adult, he expressed remorse, and that the mitigating factors outweighed the aggravating factors.Justice of the Supreme Court, Gretel Thom stated that while the matter was a serious one, they will not take into consideration the mitigating factors since the aggravation factors far outweighs the mitigating factors due to the nature of the offense. Justice Thom noted that the main issue that the court has with the case is that the Judge did not give reasons for moving the benchmark from 15 to 20 years. Therefore, Justice Thom said the court will apply the benchmark at 15 years and the one third reduction will be awarded.“Due to the aggravating and mitigating factors, there are no reasons for further reduction in the sentence,” she indicated.She stated that the court will allow the appeal for the sentence of thirteen years and three months to be reduced to ten years and six months with time on remand to be taken into consideration.A jury found St Jean guilty of murdering Clement James in 2012, but this conviction and the twenty-five year sentence ordered was quashed by the Eastern Caribbean Supreme Court in November 2014 and a retrial ordered. St Jean then pleaded guilty to manslaughter and was sentenced to thirteen years imprisonment by Justice Thomas in June 2015.David St Jean reportedly confronted Clement James for looking at him in a sexual manner. This confrontation, on the Indian River Bridge in Portsmouth in September 2010, led to an argument, following which James was stabbed and later died.last_img read more