Director of Public Prosecutions v Tamar Teandre Forbes

• Jurisdiction: Bahamas
• Judge: Mr. Justice Andrew Forbes
• Judgment Date: 18 September 2024
• Docket Number: CRI/VBINO.228/11/2020
• Court: Supreme Court (Bahamas)

Between

Director of Public Prosecutions

and

Tamar Teandre Forbes

Before:

Mr. Justice Andrew Forbes

CRI/VBINO.228/11/2020

IN THE SUPREME COURT

Criminal Division

APPEARANCES:

Mrs. Ashcly Carroll & Mr. Sean Novell Smith c/o the Director of Public Prosecutions

Mr. Mario Gray on behalf of Mr. Tamar Forbes

SENTENCING

BACKGROUND

1 On the 27 ^th February 2024 the Convict appeared the Criminal Court and entered a guilty plea to the charge of Manslaughter and not guilty to the offence of Murder after Counsel for the Convict and Counsel for Office of Director of Public Prosecution had a discussion.

2 The Court then directed the empaneled jury to return a guilty verdict with respect to the plea. The Jury returned a (9-0) verdict as directed. The Crown then introduced the facts and those facts were accepted by the Convict. The Court, subsequently, convicted him on the 24 ^th February 2024 for the Offence of Manslaughter contrary to section 293 of the Penal Code.

3 The Convict who was represent by Counsel Mr. Mario Gray requested that the Convict should be provided with a probation report to aid in of sentencing. A probation report was in fact prepared by Chief Probation Officer Ms. Wynelle Goodridge and Mr. Laish Boyd Jr. as a Trainee Probation Officer and dated the 24 ^th July, 2024.

4 The report sourced information from the Convict — Tamar Forbes, his mother — Ms. Tosca Forbes, his grandmother — Ms. Rosena Forbes, granddaughter of the victim — Ms. Dlisha Etienne and Senior Probation Officer of the Department of Rehabilitative Welfare Services — Ms. Materna Carey who in fact interviewed the Convict at the Bahamas Department of Corrections Services (BDCOS). The report also sought to rely upon information received from the Criminal Records Office.

5 Counsel for the DPP made recommendations as to an appropriate sentence and Counsel for Mr. Mario Gray made pleas in mitigation.

FACTS

6 The brief facts were extracted from the statements of the Officers conducting the investigations as well as the statements made by the Convict to the Police when questioned.

7 According to Officer Ramando Russell, on the 20th June 2020 he reported receiving information from another Officer. That as a result of the information he along with another Officer went to the Eight Mile Rock Police Station and spoke to Sargent 1849 Smith who was investigating the discovered deceased body of an elderly female. That later that day he would have attended the residence of the Convict. Officer Russell then spoke to the Convict and his mother and advised the Convict he was suspected of murder.

8 That the Convict was taken to Eight Mile Rock Police Station along with his mother and she was advised as his guardian she was obligated to be present. That Officer Russell indicated he was present during a record of interview which took place involving the Convict, his mother and Sargent 1849 Smith. That this record of interview was also recorded and that those records were secured and marked for future identification.

9 That during the investigation the Officer Smith spoke to several individuals and received additional information. That Sargent Smith noted that during the record of interview conducted with the Convict, his mother, and Officer Russell that the convicted admitted to stabbing the elderly woman in her neck with a knife he claimed that there was an altercation between him and the woman. That after she fell to the ground he dragged her into some nearby bushes and covered her up with tree branches and a piece of plywood.

10 There was also statements the Convict made a statement to another juvenile about what had occurred that there was no need to have that individual called as a witness and certainly he would have been expected to recount what the Convict had communicated to him.

11 According to the information supplied in the Probation Report, the Convict was born in New Providence and is the third of five children. The Convict was educated at C.W. Sawyer primary, Aubrey Sayles Primary, and II.O. Nash Junior High School and he was forced to discontinue his education after being suspended for fighting. lie returned to Grand Bahama and was enrolled at Bahamas Technical and Vocational Institute (BTVI) in the electrical installation certificate program. He had completed the Math and English preparatory program before being arrested and charged with the current offence. The Convict has been incarcerated since the age of sixteen (16). He has never been employed and he has no children. He would have attended church with his mother. He does not consume alcohol, however, admits to smoking marijuana which he commenced at age fifteen (15). He acknowledges no gang involvement. Moreover, he loves to swim and engage in boxing.

12 The mother of the Convict — Ms. Tosca Forbes, described her son as a loner who did his own thing. That he is good with his hands and enjoys fixing electrical devices and has a positive relationship with his siblings. She said he was playful and funny and did not experience issues with him until his first arrest in New Providence. According to Ms. Forbes, her son then started spending more time with negative influences and engaging in further destructive behavior. When asked about her son's predicament she expressed shock and empathy for the family of the victim. Noting she is aware that her son must pay for his actions and that justice must prevail but wants the Court to exercise mercy. According to Ms. Forbes, she had a close relationship with a member of the victim's family. That after learning of the incident and her son's arrest, she and her mother visited, cried and prayed with the family.

13 Ms. Rosena Forbes the maternal grandmother of the Convict described the Convict as a darling and quiet. That he would live with her anytime his mother went to New Providence. She recalled him being mannerly and extremely helpful in the home, which she greatly misses. Ms. Rosena Forbes is devoutly Christian and expresses the view that God is always in control and wants her grandson to take responsibility for his actions. She recalled her and her daughter attending the home of the victim's family to apologize and to express their sympathy. That her desire is that while serving his sentence her grandson will improve himself and improve his relationship with God.

14 The Court notes that in the Probation report the victim's maternal granddaughter noted she was exceptionally close with her grandmother and was very concerned when she did not return home from running errands. That they went searching for her and discovered her. She notes that the dynamics of the family has changed as previously everyone congregated at their grandmother's house but since her death that has since deteriorated. Noting she would like to see the Convict receive a stiff penalty so he cannot take another life again.

LAW

15 The Penal Code prescribes as follows:

“290. Whoever intentionally causes the death of another person by any unlawful harm is guilty of murder, unless his crime is reduced to manslaughter by reason of such extreme provocation, or other matter of partial excuse, as in this Title hereafter mentioned—291. Sentence for murder. (I) Notwithstanding any other law to the contrary—.— (a) every person who is convicted of murder falling within section 290(2)(a) to (i) shall be sentenced to death or to imprisonment for life; (b) every person convicted of murder to whom paragraph (a) does not apply— (i) shall be sentenced to imprisonment for life; or (ii) shall be sentenced to such other term given the circumstances of the offence or the offender as the court considers appropriate being within the range of thirty to sixty years imprisonment: provided that where a person under eighteen years of age is convicted of murder he shall not be sentenced in accordance with this subsection but instead subsection (4) shall apply to the sentencing of such person….”

16 In this case the convict accepted a plea of guilty of Manslaughter albeit he was charged with Murder and in this case the Penal Code section 293 states as follows: “293. Whoever commits manslaughter by negligence shall he liable to imprisonment for five years; and whoever commits manslaughter in any other case shall be liable to imprisonment for life…”

17 In deciding the appropriate sentence consideration must be given to the general principles of sentencing Halbury's Laws Third ed. Vol 11(2) at paragraphs 1188 notes:

“The aims of sentencing are now considered to be retribution, deterrence and protection and modern sentencing policy reflects a. combination of several of all of these aims. The retributive elements is intended to show a public revulsion of the offence and to punish he offender for his wrong conduct. Deterrent sentences are aimed at deterring not only the actual offender from further offences but also potential offenders from breaking the law. The importance of reformation of the offender is shown by growing emphasis laid upon it by much of modern legislation. However, the protection of society is often overriding consideration. In addition reparation is becoming an important objective in sentencing.”

Each case must depend on its own circumstances and various factors must be considered by the court in deciding which of the principles should predominate.

18 In the Court of Appeal case of Prince Hepburn v. Rcgina SCCrApp. No. 79 of 2013, Adderley JA (Retired) offered the following guidelines as to sentencing where he said at paragraph 36.-

“In excising his sentencing function judicially the sentencing Judge must individualize the crime to the particular victim so that he can, in accordance with his...