Log In

Reset Password

Father-to-be jailed for machete attack on man

A young father-to-be was jailed for nine months yesterday for attacking a man with a machete following an alleged drug deal which went sour Puisne Judge Vincent Meerabux told 19-year-old Michael Reuben DeSilva that he had taken into account his previous good character and remorse but said the offence was serious and had to be punished with imprisonment.

DeSilva admitted in Magistrates' Court earlier this year that he wounded Leonard David Wilson following a disagreement over a $375 cocaine deal.

But sentencing was handed over to Supreme Court because the Magistrate who accepted the plea ruled that he did not have the power to deal with such a violent attack.

On Monday, Supreme Court heard DeSilva claim he was only acting in self-defence when he struck Mr. Wilson in the elbow with the machete.

He said it was never his intention to cause such an injury when he visited Mr.

Wilson at a Lighthouse Road, Southampton property on January 17.

But the prosecution claimed DeSilva attacked Mr. Wilson with the machete, while he was sleeping on a bench, because he had not received any drugs after giving him cash the night before.

The court heard that DeSilva, of Wentworth Lane, Sandys, visited Mr. Wilson and gave him $375 for cocaine. He also offered to lend him a moped he was using because Mr. Wilson did not have transport to go and buy the drugs.

DeSilva waited at the house for hours, but Mr. Wilson did not return.

He left and returned later to retrieve the bike, which belonged to his friend, and recover either his money or the drugs.

He admitted being angry, but said his main concern was for the bike.

"The money was on my mind, but that was not the main thing,'' said DeSilva.

"I wanted to make sure the bike was safe. I was relieved that the bike was there when I arrived.'' The court heard that Mr. Wilson, of Neptune Hill, Smith's Parish, claimed he had fallen off the bike and lost the $375.

When DeSilva arrived at the property the next day, Mr. Wilson was lying asleep on a bench in the shed.

Mr. Wilson claimed he was woken by the machete blow to his left elbow and shouts from DeSilva that he wanted the cash back.

He said he got to his feet and tried to protect himself behind a door that was standing off its hinges and then behind a loose sink. He did not use any weapons in retaliation, he claimed.

The situation only calmed down when somebody else came into the property and spoke to DeSilva, he said.

As a consequence of the attack, Mr. Wilson, who is currently on remand in prison, needed surgery to the cracked bone in his elbow and still has pins in the joint.

Crown counsel Larry Mussenden told DeSilva: "You could have had a nice high that night. When he didn't come back you started to get upset.

"You were angry every step of the way back to your house. You were still not high.'' Mr. Mussenden went on: "When you went in there, it made you angry, didn't it, that he was just lying there. Mr. DeSilva, I suggest, to you that you picked up the machete and hit him on the arm.

"I put it to you that Mr. Wilson was never awake when that first blow was delivered by you.

"There was a door that Mr. Wilson held up against you. You were so angry, you were able to kick the door out of the way.'' DeSilva replied: "I kicked the door out of the way because he said he didn't have the money. He said he needed to keep the bike in order to get the money back. The impression I was getting was that he wanted to keep them both.'' He agreed that Mr. Wilson was asleep when he went in the shed but said he woke him up by slapping his face.

He claimed Mr. Wilson threw a saw and a crowbar at him and even tried to throw the unattached sink toward him.

He said he finally went for the machete in self-defence when Mr. Wilson had picked up a piece of pipe.

He added: "He picked up a long piece of pipe. As he picked that up, I pulled the machete that was hanging on the wall.

"I think I used the sharp end. I saw blood. I think I used the machete so I would not get hit.

"I got scared when I saw the blood because that was not my intention.'' In mitigation, DeSilva apologised to the court and said he wanted the opportunity to start again. He added: "The death of my mother had a major impact on my life. I turned to drugs. It was the only way to forget the pain and suffering.

"I have not only hurt myself, I have hurt my family, for making this bad decision and turning to drugs. I have gained nothing.

"Since I was remanded in custody, I have had time to assess my life. I really want to change my life around. I have a younger brother and I'm concerned about being a positive role model to him.

"Give me a chance to become a responsible, productive citizen.'' Mr. Justice Meerabux said he had taken DeSilva's young age, previous good character, guilty plea and remorse into account, but still felt a custodial sentence was fitting. He added: "This sort of behaviour involving the use of a machete is unacceptable in our society.

"A suspended sentence would hardly be a deterrent to others. I think that the appropriate sentence should be 12 months imprisonment. However, after taking into consideration various factors, I sentence you to nine months' imprisonment.'' He said the time already spent on remand was to be taken into consideration.