Log In

Reset Password
BERMUDA | RSS PODCAST

Teen given suspended sentence

blade cut his liver, was given a two year prison sentence suspended for two years in Supreme Court on Monday.

And while jubilation and relief erupted from one side of the courtroom, a hush of disbelief descended on the other side as the victim and his family digested the sentence.

Shawn Derrick Gibson, 19, of Wharf Drive, was spared a jail term after a two-hour mitigation speech from his lawyer Mr. Tim Marshall.

He had pleaded guilty to wounding Mark McRonald with intent to do him grievous bodily harm.

Mr. Marshall argued that there were "enough mitigating factors present that would be fertile ground for imposing a suspended sentence.'' These included Gibson's age, his work ethic and the fact that he had a young child to support.

On Monday, Chief Justice the Hon. Mr. Justice Ward accepted Mr. Marshall's arguments and told Gibson that his conduct must be "exemplary'' and that he should consider going to church because "those that attend church did not get in as much trouble as those that do''.

"You should thank your probation officer who gave you such a positive report but if it wasn't for that it would have gone the other way,'' he said.

But crown counsel Mr. Brian Calhoun said he would appeal the sentence as he walked from court.

Before his lengthy mitigation speech, Mr. Marshall called five witnesses, including Gibson's mother, girlfriend and employer, who all testified that they had seen tremendous changes since the incident.

They noted he had stopped drinking and was spending quality time with his daughter who was born last December.

Gibson pleaded guilty on April 18 to stabbing McRonald in the stomach with a lock knife on June 6, in Par-la-Ville park.

The blade penetrated two and a half inches into his abdominal wall puncturing his liver. Doctors had to remove three litres of blood from his stomach cavity.

The operating surgeon said McRonald will not suffer any long term negative effects from the injury, but the wound could have been fatal had the blade penetrated any further.

McRonald also suffered two deep cuts to his left elbow, which needed 15 stitches to close.

He was walking with friends in Par-la-Ville Park when Gibson, who was also drunk at the time, approached him.

Gibson's girlfriend, Christine Marshall, had called McRonald over.

Though it was unclear whether any pushing took place, Gibson then attacked McRonald with the lock knife.

Mr. Calhoun argued the case had strong similarities to the case of Jamaine Quidir Salaam who was convicted on February 11.

Salaam was sentenced to three and a half years for stabbing a man at the Clayhouse Inn in 1993.

"Young people are exhibiting an alarming trend to carry knives and use them on others.

"The only chance the community stands is if the court passes sentences with sufficient deterrence that other young people stop carrying knives and using them with the near fatal consequences as this young man almost did.'' However, Mr. Marshall swept aside Mr. Calhoun's claims saying that there were many important "distinguishing factors,'' between this case and Salaam's.