Assault case sent back to Magistrate after appeal
A man fined $4,000 fine after a fight with a love rival had his appeal against the punishment upheld.Silkhurst Richardson protested to Puisne Judge Charles-Etta Simmons that he could not afford to pay the fine, meted out in March by Senior Magistrate Archibald Warner.During the original hearing, Richardson, 43, of North Shore Road, Hamilton Parish, pleaded guilty to causing grievous bodily harm to Kenneth Armstrong.Crown counsel Cindy Clarke told Mr Warner that on the morning of March 5, Mr Armstrong attended his sister’s house on Twin Lanes, Hamilton Parish, to pick up a door hinge for a repair job at Crawl Club.As Mr Armstrong got out of his car, it’s alleged that Richardson came up behind him, pushed him against the car door, and shouted “You got my girlfriend drunk”, before punching him in the face.Mr Armstrong received a deep cut to his upper lip and called police, who arrested Richardson. Richardson told police he was defending himself and Mr Armstrong punched him first.Richardson told Mr Warner his girlfriend is an alcoholic.On Friday, he alleged that Mr Armstrong’s family has “fried her brain”, telling Mrs Justice Simmons: “All my troubles come from her getting drunk at his house.”He added that he’s paid $1,000 of the fine relating to the offence itself, but “can’t afford to pay the guy $3,000”, which was meted out to cover reparation and medical costs.The judge said the Magistrates’ Court record does not speak to any medical evidence or whether Richardson’s ability to pay was taken into consideration by Mr Warner, according to the law.Prosecutor Tawana Tannock said: “I have no note of the magistrate making those considerations.”Mrs Justice Simmons allowed the appeal for that reason, and sent the case back for Mr Warner to reconsider. She listed a preliminary hearing for June 3 when a further date will be set.