A magistrate has chastised a youth for “chucking” a conductor in his throat and boxing him about his face repeatedly after refusing to pay the van fare.

When 23-year-old Johnique John appeared at the Kingstown Magistrate’s Court on Wednesday, he received an earful from Magistrate John Ballah about “playing with jail”, after he was charged that on October 23, 2023 at Kingstown he did assault Omanzo Thomas of Largo Heights causing actual bodily harm.

When Prosecutor Corlene Samuel presented the facts, the court heard that Thomas is a conductor and works on a passenger van belonging to Jolanie Samuel of Largo Height, which works the route from Largo Height to Kingstown. Thomas knows John very well, but they are not friends because John has a habit of riding the van and refusing to pay the fare.

On Thursday, October 19, 2023 at about 8:45 pm, Thomas was working on the said van when it stopped at Massy Stores at Stoney Ground to pick up passengers. When the van made a later stop at Largo Height to let off passengers, Thomas recognized the defendant exiting the front seat and walking away without paying.

Thomas then shouted to John, asked him why he had not paid the fare and told him that he is fed up. John got annoyed, walked towards the Thomas and “chucked” him in his throat. Thomas slapped John then left with the van.

On Monday, October 23, 2023 at about 9:00 am, Thomas was at work looking for passengers at the Leeward Bus Terminal when he felt someone grab him from behind. John then approached Thomas from the front and boxed him several times in his face.

Thomas reported the matter to the police at Criminal Investigations Department where PC Johnson entertained his report. An investigation was later conducted. On Tuesday, October 31, 2023 about 8:30 am PC Johnson met John at the police station, and identified herself as a police officer.

She informed John of the report of Assault Bodily Harm made against him, then cautioned him. John was then interviewed in the presence of another police officer. John then gave a statement admitting to the offence, and was later arrested and charged for the offence.

After Ballah heard the facts, he scolded John for his actions.

He said that young men in today’s society often find themselves before the law for fighting or a beating up a person without considering the consequences.

“You all don’t know that you’re playing with jail. You’re playing with your life,” Ballah warned.

He also said that when a person enters a van, they are making an agreement with the driver to pay a fee as an exchange for being transported to their destination.

“When you go in van, pay the dollar,” he exclaimed.

The magistrate considered the sentencing guidelines and placed the offence into category three, level B of seriousness and consequence, and so he began with a custodial sentence of one year. There were no mitigating or aggravating factors of the offence and offender so no adjustments were made to the sentence.

The court then considered John’s early guilty plea and offered him a one-third discount bringing the sentence to eight months imprisonment.

However, Ballah moved from a custodial sentence to a suspended sentence after “the court, in its discretion can look at the circumstances” in the matter.

The court then considered John’s age and that he had recently been employed.

As a result, the court considered the guidelines which speak of offering suspended sentences, and imposed an eight-month sentence, suspended for one year.

“However you need to understand that you can’t go around punching people, so you ought to pay the complainant compensation of $500” which is to be paid in two months, failure to do so will result in three months imprisonment.