An Enmore man was on Friday last sentenced to 18 months imprisonment after a lengthy trial during which he was found guilty of causing death by dangerous driving.
Derrick Da Silva, 36, of Foulis Street, Enmore, East Coast Demerara, caused the death of Philbert Adonis on July 13 at Hadfield Street.
Chief Magistrate Priya Sewnarine-Beharry also ordered that Da Silva’s licence be revoked for a period of four years.
In handing down sentence, Magistrate Sewnarine-Beharry considered the aggravating factors. She spoke of the public’s interest.
She added that Da Silva failed to be a competent driver since he was not under the influence of alcohol at the time of the accident and also he was not speeding; neither was he on his cell phone to cause him to hit Adonis who was riding a motorcycle.
She also considered the mitigating factors raised by Da Silva’s attorney Glen Hanoman. He stated that his client had no previous convictions, was the sole breadwinner of his home and father to two children. He asked for freedom to be granted to his client, suggesting a non-custodial sentence.
Hanoman admitted to the seriousness of the offence since a life was lost. However, he stated that recklessness was not the cause of the accident.
He added that persons who deliberately wounded people before were set free by merely paying a fine and added his client’s actions were not deliberate or intentional.
Citing a previous case in 1963, Magistrate Sewnarine-Beharry said it entailed a long custodial sentence to relieve the public of the possibility of a recurrence.
She then asked Prosecutor Bharat Mangru whether Da Silva was hurt as a result of the accident and Mangru said no.
She then stated that the minibus driven by Da Silva collided with Adonis who was riding his motorcycle in the middle of the road.
Mangru objected to a non-custodial sentence being granted and stated that the offence is a serious and prevalent one.
He also stated that a life was also taken.
Da Silva, during his arraignment, had pleaded not guilty to the charge.
The facts presented by the police had stated that on July 13 at Hadfield Street, he drove a motor vehicle in a manner dangerous to the public, thereby causing the death of Adonis.