Senior Reporter
derek.achong@guardian.co.tt
A 58-year-old Arima man who admitted to stabbing his nephew to death while experiencing a schizophrenic episode has been sentenced to almost nine years in prison.
Joseph Als had been awaiting trial for murder for almost six years before he was recently allowed to plead guilty to the lesser offence of manslaughter on the basis of diminished responsibility under a plea agreement with the Office of the Director of Public Prosecutions (DPP).
Als was sentenced last Friday by High Court Judge Nalini Singh.
He is expected to be released in less than three years, as the time he spent on remand awaiting trial was deducted from his sentence.
Als, a mechanic, was accused of killing his 26-year-old nephew, Marvin Hosten, on May 11, 2020.
He lived at a house at Edwin Roberts Crescent, Phase Five, La Horquetta, with his sister, Marion, and her son, Hosten.
Marion claimed that before leaving for work that morning, she noticed her brother holding a knife wrapped in a bandanna. She said he was behaving strangely in the gallery, shouting at people when no one was in front of the house.
She claimed that she warned her son about Als’ behaviour and told him to monitor him.
Shortly after she left, Als and Hosten became involved in an argument, which resulted in Als stabbing him several times.
A neighbour rushed to Hosten’s assistance, and Als admitted that he had “gone mad” and stabbed his relative.
When interrogated by police, Als claimed he believed Hosten was orchestrating a plot to kill him.
He also claimed that Hosten struck him and that he defended himself with the knife.
Als was taken for a psychiatric evaluation and was diagnosed with schizophrenia and reduced cognitive functioning. He was also found to have suffered from memory impairment, hallucinations and delusions.
In determining the appropriate sentence, Justice Singh considered the medical evidence to decide whether Als should remain in prison or be committed to the St Ann’s Psychiatric Hospital.
Stating that his psychiatric history required continuing care, Justice Singh said: “But they do not show any present active psychosis, acute psychiatric instability, or a clinical need for compulsory inpatient treatment. In my view, the psychiatric report supports ongoing treatment and monitoring, but it does not support a hospital order.”
She also decided against ordering his indefinite detention on the basis that he posed a continuing danger to society.
“There is no clinical opinion that he is a continuing danger requiring indefinite detention. There is also information indicating that the identified risks may be managed through treatment, supervision, family support, medication compliance, and structured conditions,” she said.
Justice Singh rejected the 20-year starting point recommended by prosecutors and instead adopted a starting point of 16 years in prison.
“In my view, that figure places the case too high when regard is had to the absence of planning, the absence of the most serious aggravating features found in cases at the upper end, and the need to reserve higher starting points for more aggravated forms of homicide,” she said.
Justice Singh granted a three-year reduction based on Als’ remorse, positive behaviour while on remand and his mental impairment.
She then applied a one-third discount for his guilty plea and credited him for the time he spent on remand.
“The remaining balance is sufficient to mark the seriousness of the offence while allowing for the possibility of eventual reintegration under appropriate treatment and supervision,” she said.
As part of the sentence, Justice Singh directed that Als continue to receive psychiatric treatment while in prison.
She also ordered that he report to a probation officer after his release to ensure he continues to receive treatment.
The judge further directed that the officer regularly test Als for drugs and alcohol to ensure he abstains from both following his release.
Als was represented by Delicia Helwig-Robertson and Analisa Ramsaran, of the Public Defenders’ Department (PDD). Assistant DPP Dylan Martin, along with prosecutors Josiah Soo-Hon and Khi Cambridge, represented the State.
