Director of Public Prosecutions v Emerson Harding

• Jurisdiction: Bahamas
• Judge: Forbes, J
• Judgment Date: 19 November 2024
• Docket Number: CRI/VBI NO.321/12/2022 & CRI/VBI NO. 322/12/2022
• Court: Supreme Court (Bahamas)

Between

Director of Public Prosecutions

and

Emerson Harding

BEFORE:

The Honourable Mr. Justice Andrew Forbes

CRI/VBI NO.321/12/2022 & CRI/VBI NO. 322/12/2022

IN THE SUPREME COURT

Criminal Division

APPEARANCES:

Mr. Sean Smith on behalf of the Director of Public Prosecutions

Mr. K. Brian Hanna on behalf of Mr. Harding

SENTENCING

Forbes, J

BACKGROUND

1 On the 22 ^nd July, 2024 the Convict appeared before the Court and entered a guilty plea to the charge of Robbery with Violence and Causing Harm with respect to Information Numbers 321/12/2022 and 322/12/2022. The facts were read and accepted by the Defendant who was represented by Attorney K. Brian Hanna. The Plea was accepted and the Convict was subsequently, convicted on the 22 July, 2024 for the Offences of Robbery with Violence contrary to section 339(1) and Causing Harm contrary to section 135(1) of the Penal Code respective to Information No. 321/12/2022 and in respect to Information No. 322/12/2022 he, likewise, pleaded guilty to Robbery with Violence contrary to section 339(1) and Causing Harm contrary to section 266 of the Penal Code respectively.

2 The Court recommended that a Probation Report be provided to aid in 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 11 ^th September 2024.

3 The report sourced information from the Convict, his mother Ms. Christine Knowles, his paternal grandmother Mrs. Priscilla Knowles, his cousin Mr. Derek Gordon, his paternal aunt Ms. Shelly Harding, Special Projects Officer and Mrs. Leanette Bright Trainee Probation Officer at the Department of Rehabilitative and Welfare Services Ms. Antoinette King. The Probation Report also sought to rely upon the Criminal Records Office. Counsel for the DPP, Mr. Sean Smith made recommendations for an appropriate sentence and Counsel for Mr. K. Brian Hanna made pleas in mitigation.

FACTS

4 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. According to Detective Corporal 3801 Trinad Rolle, on the 19 ^th January, 2022 he received certain information and as a result of the information he headed to the area of Commonwealth Bank and spoke with Ms. Stubbs who gave him further information. That later that day he received information in reference to the convict who was in custody. That he would have attended an abandoned building in the area of Mall Drive where he recovered a black handbag and several Government issued documents bearing the name of the virtual complainant. That on the 21 ^st January 2022 that he interviewed the Convict under caution who recounted that he was hungry and he saw a female walking in the area of Commonwealth Bank that he then punched her and stole her black handbag. That he searched and discovered One Hundred and Twenty Dollars ($120.00) which he took. The Convict then signed the Record of Interview.

5 Also on the 17 ^th January 2022, Detective Sargent 3448 Daryl Rolle while on duty received information regarding a female with injuries to the head reporting that she was robbed. That he attended the Rand Memorial Hospital and spoke to the Virtual Complainant, Ms. McKenzie, who reported being struck in the head and robbed. That he received additional information and arrived at #76 Esher Court and was shown a brown handbag where a search of the handbag revealed One Hundred Dollars ($100.00) cash and several other Bahamian Issued documents bearing the name of the Virtual Complainant. That he received video surveillance and was informed that the Convict was in custody. That on the 22 ^nd January 2022 he conducted a Record of Interview under caution in which the Convict indicated he observed a woman walking in the area of Mayfield Park that he punched her and stole her handbag. He indicated he stole Fifty Dollars ($50.00). He was shown a video of a male running away from the area wearing a gray hoodie and responded that was him. That he then signed the Record of Interview.

6 According to the information supplied in the Probation Report, the Convict was the child born to Ms. Christine Knowles and Mr. Emerson Harding Sr. in New Providence. That he was enrolled at Ridgeland Primary School where he completed grades one (1) through four (4). His family then relocated to Miami, Florida where he was enrolled in Watkins Elementary School located in Pembroke Park, Florida where he completed grade 5. He then attended Attuck Middle School in Hollywood, Florida where he completed Grade 6 through Grade 8. That he then transferred to Piper High School, Sunrise Florida where he completed Grades 9 and 10 after which relocated to New Providence where he completed enrolled R.M. Bailey High School and completed Grades 10 and 11. The Convict, once more, relocated to the Island of Eleuthera but was denied enrollment at Rock Sound All Age School due to his failure to remove a gold tooth.

7 He returned to New Providence and discontinued his education. He was then employed as a general Worker with Mr. Rogers as a self-employed Contractor. He then became employed at Munroe's Landscaping as a general worker. The Convict then relocated to Grand Bahama where he worked as a general worker and painter and was later employed at Solomon's. The Convict then secured employment at the Freeport Container Port until the company downsized and he was terminated and the Convict has been unemployed since that time.

8 That According to the Convict, he was diagnosed with mental illness and was prescribed medication sometime in 2010. However, he discontinued the medication due to its side effects. He indicates that the medication made him drowsy and anxious and unable to think clearly. He admits to smoking marijuana and taking illicit drugs and consuming alcoholic beverages. The Convict describes himself as a hardworking individual with a sense of humor, but reports he is short- tempered at times and seeks assistance for his substance abuse and anger issues. He reports a strained relationship with his mother, that he did not have a relationship with his father and that he has difficulty at time coming to terms with the untimely death of his brother who was murdered.

9 The mother of the Convict, Ms. Christine Knowles, described her son as loving, caring and good natured. She is disheartened by the current situation and notes that when he fails to take his medication he is easily provoked and has the propensity to make irrational decisions. She would like to see him become a functioning member of society again and requested leniency.

10 The Convict's grandmother, Ms. Priscilla Knowles, described him as helpful, genuine, hardworking and loving. She also states that when the Convict doesn't take his medication it creates a barrier when he attempts to communicate with others as he becomes incoherent, but is calm and rational once he takes them. Mrs. Knowles noted she had made provisions for him to stay at her residence once he was released from prison in 2021. According to Mrs. Knowles, the Convict assisted her by running errands for her and assisting at the Straw Market. Further, he would run errands for the other person working in the market. She indicates she is willing to ensure he continues his out-patient care once he is released. She indicated that it has been difficult for him to overcome his brother's murder and he was convicted of Attempted Murder for attacking the individual he thought had killed his brother. She expressed shock when she learned of the allegations. She is of the view he would benefit from drug counseling and treatment.

11 Mr. Derek Gordon, the cousin of the Convict, describes him as generous, and hardworking man who loved to laugh. That when the Convict worked at the Container Port, he was focused and responsible. However, he believes his downfall was associating with the wrong individuals. He further believes that these individuals laced the marijuana the Convict was smoking and he has never been the same. Moreover, the loss of his employment resulted in his being homeless and Mr. Gordon believes drugs and alcohol lead to the Convict's current situation. He does believe that the Convict has redeemable qualities and hopes that the Court directs his cousin into drug treatment.

12 The Probation Report refers to the maternal aunt, Ms. Harding, who described her nephew as considerate, friendly, affectionate young man who loves music and has an excellent work ethic. She feels empathy as she knows his father and grandfather struggled with addiction. She was shocked to learn of his current situation and petitioned the Court to offer the Convict drug and mental health treatment.

13 The Probation report then referenced Mrs. Janet Brown, the maternal aunt of the Convict, and she too described him as a nice child who was raised in church with Christian values. That he had a positive relationship with her husband. She knows him as someone who loves his family and was always working.

14 The Probation Department in its summation noted that the Convict was raised in a traditional home...