R v Lavardo Smith (CR 25 of 2016) [2022] TCASC 49 (14 November 2022)

Flynote

Criminal law

Case summary

Applying the requirements of the law to the facts of this case, I have determined that the appropriate starting point is 30 years’ imprisonment. [23] I have given some consideration as to the weight that ought to be place on the age of the Prisoner at the time of the offence. However, his age cannot be said to be an extenuating circumstance exceptional in nature. In R v. Ramon and Douglas, a persuasive authority from the Cayman Islands Court of Appeal considered: “as to extenuating circumstances, what is important is not how often such circumstances may occur but their weight is so exceptional as to justify the imposition of a lower period” [24]. In determining   whether this term should be adjusted upwards or downwards to take account of aggravating and mitigating factors, I have carefully considered the submissions made on behalf of the prisoner by Counsel Mr. Skippings and the submissions made by the Learned DPP; and found that there are no extenuating circumstances, exceptional in nature, nor aggravating circumstances exceptional in nature to warrant a departure from the starting point [25]. The Prisoner is therefore sentenced to a term of imprisonment for a term of 30 years before he becomes eligible for parole [26].  

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