Nassau, Bahamas — A man convicted of murdering while driving dangerously reduced his sentence from nearly three years to four months yesterday because the Court of Appeals considered the sentence “overly harsh.”
On July 25, 2021, Nelson Johnson made a right turn to the East Sunrise Highway on Grand Bahama Island and moved south, but collided with motorcyclist Yur Marche, who had a serious head injury because he could not clearly see the road. Did. He was taken to the Body and Land Memorial Hospital.
He died in the hospital the next night.
Johnson was initially acquitted of the murder in a dangerous driving court and was given $ 10,000 on bail in front of Deputy Judge Debbie Ferguson.
When he returned to court the next day, he turned his plea into guilty.
He was convicted by the Bahamas Correctional Services Authority on December 22, 2021 and sentenced to 32 months in prison.
He did not file an appeal until March 7, 2022, outside of the permitted appeal hours.
He filed an application to extend the time to appeal the judgment for 11 reasons, including that the judgment was “overly strict.”
The application for time extension has been accepted.
In a ruling issued Thursday, the Court of Appeals said police officers’ reports of the clash did not reveal in court’s view any signs that Johnson had driven in a dangerous way to the public.
The Court of Appeals also said that there were no reckless speed violations or allegations of driving, and that the case was more consistent with inadvertent driving.
“The court is of the opinion that the decisions imposed by justice of the peace learned in the context of this case are overly harsh under the authorities,” he read.
“Therefore, in light of the circumstances, the court decided to revoke the sentence imposed and replace it with a valid four-month decision from the date of the conviction.”
Johnson has been with BDOC for four months since he was convicted and will be released soon.
The 2019 Road Traffic Amendment Bill, passed by Parliament in July 2020, aims to increase penalties for those convicted of killing in the process of dangerous or reckless driving. ..
The new law came into force on February 9, 2022 — almost two years after it was passed by Congress.
One of the reasons for the appellant’s complaint is that the judge made a mistake in the law because he did not adopt the discretionary power over the monetary penalties in the judgment granted by the Road Traffic Act, and she should impose monetary penalties. It was that.
“It seems that certain amendments have been passed in connection with this breach, but these amendments are dated later than the trial in which this appeal is being appealed and are therefore unrelated to this proceeding.” The Court of Appeals stated in the judgment.
Dangerous or reckless driving is defined by acting as a person driving at a speed that exceeds the permitted limits and overtaking other vehicles when it is clearly unsafe. I cannot comply with traffic lights and safety intersections.
The Court of Appeals is reckless in that it is driven by someone who deliberately ignores the safety of other road users, or “drives in a way that is known to be dangerous in nature, but anyway.” I interpreted it as “a person.”
Judge Milton Evans, Sir Michael Barnett, and Judge Carolita Bethel ruled the matter.
https://ewnews.com/unduly-severe-court-of-appeals-quashes-killing-in-the-course-of-dangerous-driving-conviction?utm_source=rss&utm_medium=rss&utm_campaign=unduly-severe-court-of-appeals-quashes-killing-in-the-course-of-dangerous-driving-conviction Court of Appeals suppresses murder in the process of conviction of dangerous driving – Eye Witness News