Carter J
```html <table> <tr> <td>IN THE GRAND COURT OF THE CAYMAN ISLANDS</td> </tr> <tr> <td>CRIMINAL SIDE</td> </tr> <tr> <td>INDICTMENT NO：72/19</td> </tr> <tr> <td>THE QUEEN</td> </tr> <tr> <td>v.</td> </tr> <tr> <td>LELIETH MONIQUE WELCOME-CAMPBELL</td> </tr> <tr> <td>Appearances：</td> </tr> <tr> <td>Mrs. Nicole Petit，Snr. Crown Counsel，Office of</td> </tr> <tr> <td>Director of Public Prosecutions for the Crown</td> </tr> <tr> <td>Mr. Crister Brady of Brady Attorneys for the</td> </tr> <tr> <td>Defendant</td> </tr> <tr> <td>Before：</td> </tr> <tr> <td>Justice Marlene I. Carter (Actg.)</td> </tr> <tr> <td>Sentence Hearing：</td> </tr> <tr> <td>27th September 2019</td> </tr> <tr> <td>HEADNOTE</td> </tr> <tr> <td>Criminal Law-Sentencing-Unlawful Wounding-</td> </tr> <tr> <td>Aggravating Factors-Previous convictions-Mitigating factors.</td> </tr> <tr> <td>JUDGMENT</td> </tr> <tr> <td>JUDGMENT</td> </tr> <tr> <td>SENTENCE</td> </tr> </table> ``` This is a faithful transcription of the provided document, using Markdown for headings and paragraph structure, HTML for tables, and LaTeX for math.
The defendant was before the Court on an Indictment containing one Count of Wounding with Intent contrary to s.203 of the Penal Code. The Defendant pleaded guilty to the lesser offence of Unlawful Wounding which plea was accepted by the Crown.
The offence was committed on the 13th of July 2019. The complainant had gone to a bar called G5 in George Town; the bar is operated by the Defendant and her husband. The complainant was in the company of a co-worker and a gentleman whom her co-worker had been speaking to earlier in the evening. While at the bar, the gentleman began to make advances to the complainant. As the complainant sought to move away from him, the defendant approached and spoke to the gentleman. The complainant later learnt that this was the Defendant’s husband. The complainant then walked outside to wait for her co-worker. While she was there the Defendant came outside of the bar, arguing with the defendant’s co-worker. It was at this point that the Defendant walked over to the complainant and chopped the complainant in her face and hit the back of her head with a metal spatula. The Defendant ran away.
As a result of the attack, the complainant was taken to the George Town Hospital. The complainant suffered an 8cm wound to the forehead. Where the skull was said to be visualized, there was an irregular 2 x 3cm head abrasion, a 1.5cm incision to the left side of the upper lip. There was also a 12cm linear abrasion to the left shoulder. The attending doctor noted the complainant’s condition to be serious, but not likely to be permanent. The injuries were said to be consistent with infliction by a sharp object. She was admitted to the Surtment where she was admitted to her head.
CAYMAN ISLANDS SENTENCING GUIDELINES The Cayman Islands Sentencing Guidelines do not as yet provide guidelines for Offences against the person such as Unlawful Wounding. However, they are instructive to the extent that they provide guidance on the approach to sentencing – guidance which is similar in its approach to that of the Sentencing Council for England and Wales (UK Sentencing Guidelines). Taking the UK Sentencing guidelines into account, the offending behavior is considered in terms of which category it falls. These categories are: - Category 1: Greater harm (serious injury must normally be present) and higher culpability; - Category 2: Greater harm (serious injury must normally be present) and lower culpability; or lesser harm and higher culpability; - Category 3: Lesser harm and lower culpability The Crown has suggested that the correct categorization is a Category 2 offence, comprising lesser harm within the context of the offence and higher culpability in circumstances where this was an unprovoked attack. Defence counsel does not take issue with this categorization. The injuries that resulted from the attack were not, in the doctor’s view, very serious. The complainant was released from the hospital within twenty four hours. In all theses, I find that this is a Category 2 offence – higher culpability. Sentence Judgment: R v Welcome-Campbell (Lelieth): Ind. 72/19. Coram: Carter J. (Actg.). Date: 9.10.2019 Page 3 of 10
Sentence Judgment: R v Welcome-Campbell (Lelieth): Ind. 72/19. Coram: Carter J. (Actg.). Date: 9.10.2019 #### Page 4 of 10
Applying the categorisation as above, the starting point is 1 year and 6 months' custody, with a sentencing range of 1-3 years' custody. #### FACTORS AFFECTING THE STARTING POINT
Aggravating factors: There are a number of aggravating factors present in this case: i. The offence was committed during the currency of a suspended sentence. On the 23rd of August 2017, the defendant was sentenced to a term of three months' imprisonment on Summary Court Case #10460/2010, which sentence was suspended for two years. The instant offence was committed on the 13th of July 2019, some 5 weeks before the expiration of that suspended sentence; ii. Relevant previous convictions. The defendant has a relatively long antecedent history with 29 convictions, 5 of which were for Assaults causing actual bodily harm; iii. Commission of the offence whilst under the influence of alcohol: the defendant accepted that she had been drinking alcohol for an extended period of time immediately before the incident; iv. Use of a weapon. The complainant was struck with a metal spatula
Mitigating factors: i. Lack of premeditation; ii. Genus: the defendant stated during the interview that if she saw the victim, she would apologize. "I am sorry I cannot change the past, I am very sorry and hope" The document is stamped with the "Grand Court of the Cayman Islands" seal.
```html <table> <tr> <td>1</td> <td>she can find it in her heart to forgive me. When I saw a picture of her head,</td> </tr> <tr> <td>2</td> <td>I felt so guilty and thought I would get ten years but it happen and I cannot</td> </tr> <tr> <td>3</td> <td>do anything about it, just have to accept the consequences. This is a learning</td> </tr> <tr> <td>4</td> <td>tool for me to do better, not going to feel bad for myself."'</td> </tr> <tr> <td>5</td> <td>THE SIR</td> </tr> <tr> <td>7</td> <td>12.</td> <td>Apart from the aggravating and mitigating factors, the court is within its discretion to</td> </tr> <tr> <td>8</td> <td>consider the defendant's personal circumstances and determine whether and how these may</td> </tr> <tr> <td>9</td> <td>affect the ultimate sentence of the Court.</td> </tr> <tr> <td>10</td> <td>11</td> <td>13.</td> <td>The very detailed and insightful SIR records that the defendant had a very strict</td> </tr> <tr> <td>12</td> <td>childhood. The defendant recounted to the social worker that her mother and other</td> </tr> <tr> <td>13</td> <td>family members would use excessive discipline and recalled a traumatic experience of</td> </tr> <tr> <td>14</td> <td>being in a bathtub and her mother standing on her neck in anger. She shared that at</td> </tr> <tr> <td>15</td> <td>various times she had been beaten with a mop, broom, barbwire, telephone cord, and</td> </tr> <tr> <td>16</td> <td>frying pan.</td> </tr> <tr> <td>17</td> <td>18</td> <td>14.</td> <td>It appears that the defendant began displaying uncontrollable behaviour at an early age</td> </tr> <tr> <td>19</td> <td>by playing truant from home and school. She was placed in alternative education at the</td> </tr> <tr> <td>20</td> <td>Cayman Islands Marine Institute (CIMI) from which she later absconded. The defendant</td> </tr> <tr> <td>21</td> <td>related that she recognises that this abuse has impacted how she deals with difficult</td> </tr> <tr> <td>22</td> <td>situations as she had in the past found that she also uses aggression to deal with her</td> </tr> <tr> <td>problem</td> <td>23</td> <td>24</td> <td>25</td> <td>26</td> <td>27</td> <td>while attending CIMI; as a hostess at Hard Rock Cafe and at Big Daddy's; as a sales</td> </tr> <tr> <td>person</td> <td>endant has n</td> <td>work hisork</td> <td>stori</td> <td>number of</td> <td>endant has h</td> <td>endant has h</td> <td>endant has h</td> <td>endant has h</td> <td>endant has h</td> <td>endant has h</td> <td>endant has h</td> <td>endant has h</td> <td>endant has h</td> <td>endant has h</td> <td>endant has h</td> <td>endant has h</td> <td>endant has h</td> <td>endant has h</td> <td>endant has h</td> <td>endant has h</td> <td>endant has h</td> <td>endant has h</td> <td>endant has h</td> <td>endant has h</td> <td>endant has 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```html <table> <tr> <td>1</td> <td>School Enrichment Center； and as a Constituency Worker with the United Democratic Party</td> </tr> <tr> <td>2</td> <td>-which was her most longstanding employment. Eventually, the defendant and her husband</td> </tr> <tr> <td>3</td> <td>opened a restaurant/bar where the incident that has led to the defendant being before the court took</td> </tr> <tr> <td>4</td> <td>place.</td> </tr> <tr> <td>5</td> <td>16.</td> <td>The defendant and her husband have been married for approximately fifteen (15) years and</td> </tr> <tr> <td>7</td> <td>seven (7) children were produced from their union. Over the years there have been several</td> </tr> <tr> <td>8</td> <td>instances of violence and domestic disputes， some of which have resulted in police</td> </tr> <tr> <td>9</td> <td>intervention. She disclosed that as a result of the violence and constant arguments her</td> </tr> <tr> <td>10</td> <td>children were placed in foster care.</td> </tr> <tr> <td>11</td> <td>17.</td> <td>The SIR notes that the defendant was assessed by Dr. Clement von Kirchenheim in 2016. The</td> </tr> <tr> <td>13</td> <td>Doctor noted then that：</td> </tr> <tr> <td>14</td> <td>15</td> <td>"She appears to fit Unspecified Personality Disorder (Turbulent) Disorder，</td> </tr> <tr> <td>16</td> <td>with Schizoid Personality type， Narcissistic Personality Type， and Paranoid</td> </tr> <tr> <td>17</td> <td>Personality Style. Most notable is her forceful and driven energy level.</td> </tr> <tr> <td>18</td> <td>Emotionally excitable and intensely zealous； she is to evince hot-headiness.</td> </tr> <tr> <td>19</td> <td>Unrestrained and rash， she is often restless and indefatigable. Her</td> </tr> <tr> <td>20</td> <td>tirelessness does not necessarily result in effected achievements， however，</td> </tr> <tr> <td>21</td> <td>and may turn to turbulence； she may become socially obdurate，</td> </tr> <tr> <td>22</td> <td>inappropriate， and potentially caustic and assaultive."</td> </tr> <tr> <td>23</td> <td>The Doced further：</td> </tr> <tr> <td>24</td> <td>18.</td> <td>tor elaborate</td> </tr> <tr> <td>25</td> <td>"A p distrust r and rel</td> </tr> <tr> <td>26</td> <td>ronounced</td> <td>behaviouratic</td> </tr> <tr> <td>27</td> <td>creating cognitive-affective immobilization and a distorted sense that</td> </tr> <tr> <td>28</td> <td>others and their circumstances are， for the most part， malevolent in</td> </tr> </table> Sentence Judgment：R v Welcome-Campbell (Lelieth)：Ind. 72/19. Coram：Carter J. (Actg.) Date：9.10.2019 Page 6 of 10 ```
nature... Although she is typically able to function adequately, periods of marked emotional, cognitive, or behavioural dysfunction are likely. This woman's MCMI-IV profile suggests a disturbance of personality that is likely to manifest itself in highly-problematic interpersonal exchanges that are masked by unrealistic or ill-placed exuberance and optimism."
With reference to the Defendant's antecedent history the SIR records the defendant's seeming inability to comply with community based orders. **VICTIM IMPACT REPORT ("VIR")**
The VIR was also before the Court for its consideration. The complainant related the immediate effects of the injury: "I had to do a CT Scan and the wound to my face required seven stitches to close it. There was also a wound to my upper lip which was glued. There was a scrape to the back of my head. I was treated and released within 24 hours. I was having headaches, pains and stings to the wound and I was also experiencing pain to the back of the left side of my head. I had problems sleeping on the left side of my head. As a result of the injuries I had to stay home for two weeks. I did not have enough sick days to cover the period that I was off from work so I had to use some of my vacation to cover the period was cut. I had to be back at the hospital for dressings and to be patched up. I had to be back at the hospital for dressings and to be patched up. I had to be back at the hospital for dressings and to be patched up. 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The complainant also noted ongoing effects of the offence, now three months since the date of the incident: ``` ...there is still tenderness to the area of the scar. Even if I use my hand to touch it, I feel like it was slapped. I also experience a stinging sensation to the area. I have some amount of forgetfulness and some extreme headaches". ``` The complainant further noted: i. "...the first thing people ask is how did you get that in your face? People who don't know the true story are judgemental. People will go to my ex and say to him oh she get chop in her face for people's man. This makes him feel uncomfortable. This can ruin my reputation and can affect future relationships. At first I used to feel ashamed about it and hide but then I started telling myself with/without it you are beautiful. Seeing it now, it does not bother me but talking about how I got it makes me emotional. I try not to make it make me feel any less about myself or to overcome me." ``` Apart from these, there is the financial consequence to the complainant of this offence. She has used all of her insurance coverage for medical costs and still has her portion of outstanding medical bills. ``` Sentence Judgment: R v Welcome-Campbell (Lelieth): Ind. 72/19. Coram: Carter J. (Actg.). Date: 9.10.2019 Page 8 of 10
```markdown # COURT'S DECISION
In his submission in mitigation Defence Counsel noted: "It is not very often that a defendant such as Mrs. Welcome-Campbell appears before a court, who 'ticks'; all the wrong boxes. It makes the task of arriving at an appropriate sentence difficult for any sentencer,"
Defence Counsel's remarks are at once remarkably insightful and in this case painfully acute. Counsel has accurately captured the essence of this court's conundrum as it seeks to arrive at an appropriate sentence in this case. Again and again this court is faced with the arduous task of balancing justice with mercy. As recounted by Mr. Brady, "On the one hand is a clearly unstable mother of 8, who is only 36 years old, married for 15 years to a husband who is demonstrably unfit as a co-parent ... She is a diagnosed complicated individual whose responses to unpleasantness are unpredictable. The fact that she was drinking didn't help. The fact that she is an abuser of ganja doesn't assist."
The component Counsel failed to mention was the victim who has been left permanently scarred, both physically and emotionally. So, this court must also consider the complainant, a young woman of twenty two years, who has been left with lifelong physical and psychological scars. As she stated to the social worker: "I would like to do cosmetic surgery to remove it because the first thing that people ask is how you got it and it is not a great story to tell."
What the court has before it is an abused child who has grown into a violent offender as an adult. Sunable, wher her psychological problem he has been there because of the man's afforcad ```
```html <table> <tr> <td>1</td> <td>28.</td> <td>The custody threshold has been crossed in this case. This court can only encourage the</td> </tr> <tr> <td>2</td> <td>defendant to take advantage of counselling and anger management sessions that she will have</td> </tr> <tr> <td>3</td> <td>available to her during the period of her incarceration. In pleading guilty and accepting the</td> </tr> <tr> <td>4</td> <td>consequences of her actions, and in personally apologizing to the complainant, the defendant</td> </tr> <tr> <td>5</td> <td>has already taken very important first steps in that direction.</td> </tr> <tr> <td>6</td> <td>29.</td> <td>The maximum sentence within the range for this offence is 3 years’ imprisonment. I take as</td> </tr> <tr> <td>7</td> <td>my starting point a sentence of one and a half years’ custody. The aggravating factors in this</td> </tr> <tr> <td>8</td> <td>case far outweigh the mitigating factors and warrant an uplift in the sentence to 2 1/2 years’</td> </tr> <tr> <td>9</td> <td>custody. The Defendant pleaded guilty at the first opportunity, when she was arraigned in</td> </tr> <tr> <td>10</td> <td>the Grand Court. I therefore accord her the full discount for her guilty plea of 1/3 of the</td> </tr> <tr> <td>11</td> <td>sentence. I will further discount this sentence for personal mitigation.</td> </tr> <tr> <td>12</td> </tr> <tr> <td>13</td> <td>30.</td> <td>I consider that the suspended sentence on Summary Court Case #10460/2010 should be</td> </tr> <tr> <td>14</td> <td>activated in this case. This defendant was five weeks shy of the expiration of the period of</td> </tr> <tr> <td>15</td> <td>that suspended sentence at the date of this offence. I will discount it by two months and say</td> </tr> <tr> <td>16</td> <td>that she will serve one month consecutive to the instant sentence of 18 months’</td> </tr> <tr> <td>17</td> <td>imprisonment.</td> </tr> <tr> <td>18</td> </tr> <tr> <td>19</td> <td>31.</td> <td>The Sentence of the court is therefore 19 months’ imprisonment. Any time that the defendant</td> </tr> <tr> <td>20</td> <td>has spent in custody is to be discounted from this sentence.</td> </tr> <tr> <td>21</td> </tr> <tr> <td>22</td> <td>Dated this the 9th October 2019</td> </tr> <tr> <td>23</td> </tr> <tr> <td>24</td> <td>Justice Marlene I. Carter</td> </tr> <tr> <td>25</td> <td>Judge of the Grand Court (Actg.)</td> </tr> </table> Sentence Judgment: R v Welcome-Campbell (Lelieth): Ind. 72/19. Coram: Carter J. (Actg.). Date: 9.10.2019 Page 10 of 10