Log In

Reset Password

Justis Smith back in jail

Justis Raham Smith

Justis Raham Smith is heading back to jail after the Court of Appeal increased his sentence for stabbing one woman and fighting another in Dockyard two years ago.

Smith, 25, of Sunset Mews, Pembroke was found guilty in August last year of unlawfully wounding Shanae Outerbridge and causing bodily harm to Hanifah Taalibdin.

But he walked free in October after a judge sentenced him to serve the 11 months he had already spent in custody.

Yesterday the Crown appealed that sentence and the Court of Appeal sentenced Smith to 12 months on the stabbing charge and six months on the fighting charge with the sentences to be served consecutively.

The months Smith has already spent in jail will be knocked off that 18-month sentence. However, president of the Court of Appeal Edward Zacca said it was up to prison authorities to factor in possible remission on that sentence. The bench, who took just seconds to reach a decision on close of summations, appeared to agree with Crown counsel Lloyd Rayney that the attacks on the two girls were separate incidents although they happened on the same night.

Smith had sneaked into a cab full of strangers on February 2, 2002 and rowed with them moments after it left Dockyard.

He punched Ms Taalibdin while in the cab and then stabbed Ms Outerbridge while trying to escape in a car.

The wound, caused by a Swiss army knife, narrowly missed vital organs including her colon, bowels, ovaries and fallopian tube and put her in hospital for four days, leaving her with a $6,000 bill.

Mr. Rayney had argued the original sentence imposed by Puisne Judge Charles-Etta Simmons was manifestly inadequate and had called for a sentence between 18 months and three years.

The maximum sentence for unlawful wounding is five years.

He said the original sentence had failed to sufficiently punish the respondent, failed to reflect the need for personal deterrence and had failed to provide general deterrence at a time when crimes of violence by armed young men were prevalent in the community.

The sentence had also failed to take into account Smith's criminal record which included violence against two Police officers including a woman officer and fighting in a public place, said Mr. Rayney. He argued Smith had shown no remorse.

Smith's lawyer Elizabeth Christopher had earlier lost a bid to appeal Smith's conviction.

She had argued there was possible jury bias.

In 1996 Smith was charged with killing Canadian tourist Rebecca Middleton who was raped and stabbed, then left to die. The case was dismissed after Puisne Judge Vincent Meerabux said there was insufficient evidence to continue with the trial.

However, Appeals Bench judge Austin Ward said to Ms Christopher: "You would be the first to object to trial by judge alone." However, she said this was not necessarily the case.

And Mr. Zacca pointed to the court record in which Smith had said he was happy with the jury and that he could have challenged individual jurors at the appropriate time.

During her arguments against the Crown's appeal over sentencing Ms Christopher said Smith had suffered many blows from the women and had not retaliated. She questioned how the Crown could say the 11-month sentence was manifestly inadequate and then call for a sentence starting at 18 months which, with one third off for good behaviour, would be of similar length. However, the Appeals Court changed the sentences for two of Smith's charges although they did not change Smith's original sentence for being in possession of an offensive weapon which remained as time served.