Man gets suspended sentence and fined for killing his brother

A 40 year old man of Lauders was given a suspended sentence, and was ordered to pay a $10,000 fine for killing his brother, after counsels both for the crown and defence pleaded that a non-custodial sentence be imposed.

Timmy “Bambi” Williams appeared at the High Court before Justice Rickie Burnett on June 26, 2024, and was given a suspended sentence of three years, he also was ordered to pay the fine on a charge of manslaughter.

Williams pleaded guilty that on May 27, 2021 in Lauders, by an unlawful act, he caused the death of his brother, Larry ‘Divey’ Williams, a 36 year old farmer of Lauders.

In his sentencing, Justice Burnett said that the crown, who was represented by Senior Crown Counsel, Richie Maitland, requested that the court depart from the sentencing guidelines as the matter “falls into an exceptional category.”

Maitland in his submissions read on May 31, 2024 said that Timmy and his girlfriend were hanging out in his bedroom when Larry came across and started to throw things in the yard while armed with a cutlass.

Timmy went to see what was happening and was chopped by his brother on his right shoulder and foot. Immediately, Timmy pulled a cutlass and inflicted two chop wounds to Larry.

Timmy then sought medical attention, while Larry refused to do so. Instead, Larry remained at home and was found dead on the following day. “The injuries to the accused could have been life threatening,” Maitland said in his oral submissions, adding that the only difference is that Larry did not seek medical treatment.

Maitland said the Crown believes that Larry would have lived had he sought medical attention. Maitland described Timmy as “a man of good character… not problematic…[and] an outstanding citizen.”

He said that a mother had already lost a son, “and if it is that Williams is in fact…incarcerated, she will be in effect, losing another son.”

The Crown argued that there were no aggravating factors of the offence, and mitigating is that Timmy received multiple chop wounds from the deceased.

The Crown also found that there were no aggravating factors of the offender. Mitigating factors of him were that he provided assistance to the authorities by handing over the weapon, he is of good character, showed remorse, and was a victim of provocation.

The Crown asked that a one-third discount be offered to Timmy for his guilty plea, and that the sentence be lowered considering that the mitigating factors of both offence and offender outweighed the aggravating factors.

Counsel Carl Williams, who represented Timmy said the accused has acknowledged that he did a “bad thing”, and that the court should consider a suspended sentence as he is “good prospect for rehabilitation.”

The maximum sentence for manslaughter is life imprisonment, or 30 years in prison. Larry died on May 27, 2021, and Timmy gave a caution statement the following day.

In that statement Timmy said he chopped his brother on his hand and forehead, and that while he was chopping his brother, his brother was not doing anything to him.

He said he used a cutlass to chop Larry. Justice Burnett had a sentencing starting point of 12 years. He found that there were no aggravating factors of the offence.

Mitigating was that Timmy received lacerations on his right shoulder which received six stitches. The mitigating factors were found to have outweighed the aggravating factors the sentence was reduced by two years.

The judge also found that there were no aggravating factors of the offender. Mitigating of him was that he assisted the police in their investigations by handing over the cutlass.

Timmy accepted responsibility for his actions and did not give the police any trouble. Before chopping his brother on his forehead, Timmy received chop wounds to his right hand, shoulder and foot so there was an element of provocation.

The judge found that the mitigating factors outweighed those aggravating, and reduced the sentence by four years. Timmy also received a one-third discount of two years from his sentence for his guilty plea.

The two months and four days spent on remand were deducted from Timmy’s sentence, so he was sentenced to three years in prison.

However, the Judge said that both Crown and Defence asked the court to impose a suspended sentence.

The court therefore sentenced Timmy to three years in prison, suspended for two years.

If he is convicted of a crime within this period that warrants a custodial sentence of over six months, Timmy will serve the three year sentence.

He also was fined $10,000 to be paid in one year. Failure to do so will result in one year of imprisonment.