The Vermont wife beater who spent two weeks in jail while a magistrate decided his sentence for assaulting his wife has been ordered to compensate her.
On Monday, Senior Magistrate Rickie Burnett ordered David Bascombe to pay his wife, Keziah Bascombe, EC$2,500 by Jan. 3, 2019 or six months in prison.
The man was also bonded in the sum of EC$5,000 to keep the peace for a year.
If he breaks the bond, he must pay the sum to the court or go to prison for 12 months.
The penalty was handed down two weeks after Mr. Bascombe pleaded guilty to a charge that on April 13, at Vermont, in circumstances likely to cause a breach of the peace, he made threats to his wife, Keziah Bascombe, to wit,” Ah go kill yo. Ah go kill yo’ dead.”
He also pleaded guilty to a charge that on the same date and at the same location, he assaulted his wife, by pushing her to the ground, occasioning actual bodily harm.
The assault caused the woman to lose consciousness and to be hospitalised.
Mr. Bascombe’s crimes were the latest in a series of abusive acts against his wife over their 15-year marriage, the court heard.
The abused woman told the court that she had decided to follow up on her most recent police report to teach her husband a lesson.
She, however, maintained that she did not want him to go to prison.
The magistrate noting the difficulties in sentencing persons in such cases, however, sent Mr. Bascombe to prison for two weeks while he mulled over his final sentence.
When the proceedings reconvened on Monday, Burnett expressed concern about the couple returning to the same house, saying that he believes that the tension would continue.
However, Mr. Bascombe told the court that he had learnt his lesson and would no longer abuse his wife.
He said the two weeks of incarceration has done him good, telling the court that prison was “good, so far”, but said he did not want to go back.
The magistrate urged the man not to blame his wife for his prison stay, noting that Mrs. Bascombe had told the court that she did not want her husband to be imprisoned.
Mr. Bascombe thanked the magistrate for sending him to prison, saying it was quite an experience and that he had learnt from it.
When Burnett asked Mrs. Bascombe if she would like to be compensated for her injuries, she told the court that she wanted compensation for herself and her children.
The magistrate, however, told her that compensation was not maintenance.
Asked how much compensation she was expecting, the woman, after thinking for a while, said, EC$3,000.
However, Mr. Bascombe, who was employed as a labourer with the Central Water and Sewage Authority for over a year, might find it difficult to meet his obligation to the court and avoid any prison sentence if he does not find a job soon.
He told the court that he believes that he lost his temporary job while he was incarcerated.
Mrs. Bascombe made it clear to the court that she did not want Mr. Bascombe as her husband anymore and that she was going to move out of the house.
She had also told the court two weeks ago that she would move out of the house, a point that the magistrate noted on Monday.
The abused woman told the court that she plans to move in with relatives.
Mr. Bascombe also told the court that he plans to move out of the matrimonial home he shares with his wife and their children and move in with relatives.
I need a house to stay in, so if they both move out, I might just move in.
Why would an adjudicator need ‘…two weeks’ to decide on
punishment for two simple summary offences.
Juries often take less than a day to determine ‘…innocence
or guilt’ in murder trials.
Judge may delay sentencing to obtain ‘…Social Inquiry Report’
at which time the convict may be remanded pending receipt of
There is danger when attorneys ‘…invited or uninvited
perverse comments’ are made either to an adjudicator
or openly in Court, sufficient for him/her to hear.
Then is when ‘…magisterial incitement and travesties’ are likely to occur.
Case on point’…If I was sitting there, he would not hit her again after my
sentence’ [Attorney Grant Connell: IWN: August 17, 2018].
There may be grounds for the defendant to file an appeal over
possible influence and/or severity of punishment.
Defendant did not get away from jail time.
(i) …Spent two weeks residency in jail
(ii) …Compensation of $2, 500
(iii) …Lingering Bond:
(a) …For one year
(b) …Bonded sum $5, 000
(c) …Keep the Peace.
More dangerous than a six-month jail term.
It is a two-way street, ‘…husbands touch not the Lord’s annointed.’
Both of them planned to move out and live with relatives. Will they pay rent to their relatives? Both of them need SERIOUS COUNSELLING.
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