The Court of Appeal has overturned the sentence and conviction of a college student convicted of sending menacing messages via the popular social media website Facebook.
Vanlyn Bethell, 22, of Flamingo Gardens, did not have a lawyer in October when Magistrate Derence Rolle-Davis sentenced her to eight months imprisonment for making threats of death. Attorney Wayne Munroe successfully appealed the conviction and sentence this month.
The Court of Appeal has overturned a number of cases that were tried by Magistrate Rolle-Davis since his appointment to the bench in 2006.
Just last week, the Court criticized him for exceeding his sentencing powers. Magistrate Rolle sentenced Sherlock Miller to 10 years for housebreaking and stealing, although magistrates are limited to imposing sentences of five years.
The court said, “This exceeded his jurisdiction which was limited to five years. It amounted to a manifestly unlawful sentence being imposed by a magistrate who has served long enough to know the limits of his sentencing jurisdiction.”
Like Bethell, Miller did not have a lawyer when he appeared before Magistrate Rolle-Davis.
The court said the case highlighted the need for continuous training of lawyers, police prosecutors and magistrates. The court said it would forward its judgment and observations to the chief justice.
