Mother of six to pay over $30,000 for stabbing, beating and chopping her neighbour

A mother of six who meted out a significant degree of violence to her then 20 year old neighbour by beating, chopping and stabbing her must compensate the woman $32,500 to avoid jail time.

Apart from compensation, Margaret “Ole Gyal” Smith of Petit Bordel, must avoid any future convictions within the next three years, having received three concurrent suspended sentences for her offences.

The woman, who reportedly has a history of poverty, appeared at the High Court #1 for sentencing on June 2. After offering to pay the complainant,Teresa Edwards, $32,500 in compensation, she must pay this sum within three months or she will spend one year in prison.

According to the facts presented by Justice Brian Cottle, on May 14, 2018 Edwards of Petit Bordel was heading to the river with her one year old son for a bath.
Smith approached Edwards with whom she previously had an altercation, and threatened to fight her.

She then pushed Edwards and struck her repeatedly with a handbag that she carried.

Edwards was holding her son, and one of the blows struck the child resulting in an injury to his head.

She then put the child down and began to fight with Smith who bit her on her left breast, on the neck and her back. Smith also struck the complainant with a stone in her head.

Edwards’s sister (Roxanne), appeared and she separated the women. The victim and her son then went to have their bath.

After this, they walked back home and the woman met Smith at her gate sitting near a crate of empty beer bottles.

Smith got up and went towards the victim with a cutlass and tried to chop her. This resulted in another fight between the two women. Edwards was able to take the cutlass and she gave it to her sister Roxanne. Smith then drew a knife and stabbed Edwards on her hand.

Roxanne spoke to the aggressor and told her to stop. Smith agreed and when she was handed back her cutlass, she pretended to walk away before she turned around and inflicted a serious chop wound to Edward’s left hand.

A medical report from a doctor at the Milton Cato Memorial Hospital described the chop wound as very deep, leaving the tendon, muscles and vessels exposed and the underlying bone palpable.

The injury required surgical repair, and Edwards had to undergo physical therapy.

Justice Cottle told the court that Smith is a mother of six, and her last child is still breastfeeding. She is also a grand mother, and she grew up in poverty in a single parent household.

Cottle noted that Smith said she suffered great abuse over an extended period that she was unable to deal with.

She said when the victim poked her in her eyes on the day of the incident, she lost control.

Guided by the sentencing guidelines the judge found that the offence fell into category two of the consequences. He said that the complainant suffered psychological harm and she has also lost the use of two of her fingers. In addition, she required 275 stitches for surgical repair of the chop wound.

He found that the seriousness of the offence fell into the highest category, as there was an element of pre- meditation. Smith has used two bladed weapons and after a third party intervened she caused more serious injury right after.

Cottle arrived at a starting point of 18 years imprisonment.

When he looked at the aggravating factors of the offence, he found that they were partly motivated by revenge and the offence was committed in the presence of a child who received minor injuries.

Mitigating, the judge said that Smith highlighted that there was a level of provocation by Edwards and she had been a victim of abuse by the woman and her family.

Aggravating of Smith as an offender, the judge found that she has had previous convictions, one of which included wounding the victim’s sister.

Mitigating, was that she expressed remorse and offered to pay compensation to Edwards.

The aggravating factors outweighed the mitigating factors and the sentence was increased to 19 years.

Smith received a one-third discount from her sentence even though she did not plead guilty at the first opportunity.

This brought her sentence down to 12 years, seven months, and three weeks after one week spent on remand was deducted. She was also sentenced to one year, 11 months, and three weeks for assault, and four months on each count of possession of offensive weapon.

Cottle highlighted that the victim had expressed her view on the sentencing; she said she did not wish to see Smith go to prison. The judge said that the court is not compelled to grant Edwards’ wish, but he noted that her view deserved the court’s consideration.

He then decided to depart from the strict sentencing guidelines and he considered a suspended sentence. This was because he felt that the appropriate sentence could be achieved without immediate incarceration.

The judge also said that Smith has shown no risk to the public, nor the complainant and that a custodial sentence will be devastating for her, her children, and her grand children.

Smith’s final sentences were three years for wounding; one year, 11 months for assault; and four months each for possession of offensive weapons, suspended for three years. The sentences will run concurrently with that of the first count.

Smith was represented by counsel, Ronald Marks.