Justice Thomas Astaphan has disclosed that Dorian Dailey, in one fell swoop, disobeyed one admonition, and breached two commandments of the Bible as he sentenced him for the death of his father in 2019.
On 25th May 2023, a Jury of his Peers found Dorian Dailey, 29 years old, who was charged with Murder, Guilty of Manslaughter in the killing of his father, Maurice Murray Dailey, 62 years of age at the time of his death.
Brief Facts
In the early morning hours of Monday 9th January 2019, after a verbal altercation, the Convict took a machete to his father causing severe head injuries, amongst others, which proved fatal.
Comments by Justice Thomas Astaphan before sentencing
I am of the view that any ‘credit’ due to the offender on the provocation aspect of the offense has already been given when the Jury found him ‘Not Guilty’ of Murder, the maximum sentence for which is Death, but “guilty of Manslaughter”, the maximum sentence for which is life imprisonment. By virtue of the difference in maximum sentences, the Jury’s verdict has benefitted the Convict already by reducing the maximum sentence he faced from Death to Life imprisonment. This verdict was based upon evidence of provocation which the Jury clearly, by their verdicts, accepted. He has already received credit for the provocation.
Having therefore received a substantial benefit from the verdict on the lesser included offense, it would, in the opinion of this Court, be “double-dipping” if the Convict were to receive further credit for the provocation which has already reduced his verdict from Guilty of Murder to Guilty of Manslaughter.
That would make no sense. However, on the evidence before the Court, it is clear that, in any event, the Seriousness would be Level A – High, using the indicia set out therein. There was verbal abuse; the conduct of the victim was not extreme; the Convict had armed himself with a machete. Therefore, according to the Guidelines, the Starting Point would be Level A High seriousness and Death of the victim (consequence) which is 30 years, with a range between 20 and 40 years.
I note that the Guidelines do not contemplate the victim being a parent, sibling, or child. The Fourth Stage requires an examination of the aggravating and mitigating factors of the offense. Aggravating Factors of the Offence.
The State submits that there are no aggravating factors of the offense. With this submission, the Court can find no concordance. The fact that the deceased was the father of the Convict is an aggravating factor. No amount of provocation ought to countenance an armed violent attack upon a parent, particularly, as here, where the Convict’s own statement states that there was a gap in time between the initial confrontation between himself and his father and the fatal attack. The Convict said that he had gone to sleep during this period. I increase the notional sentence from 30 years to 32 years.
Further, the blows inflicted upon the father by the son were inflicted on the head of the father with great force, causing fractures to the skull, with the brain being exposed. To add insult to injury, there was more than one blow to the father’s head, inflicted by the son with a machete. This is an aggravating factor. The sentence is now increased to 34 years.
Then, having brutally attacked his father with a machete, leveling crushing blows to his head, the Convict son left his father in a state of grievous injury and went on his way. He did not seek to assist his father or to seek medical assistance for him. He left him bleeding from injuries savagely inflicted by him on his own father. This is an aggravating factor. The sentence is now 35 years.
Mitigating Factors of the Offence
There are no mitigating factors of the offense. I agree with the State’s submission on this point. The evidence and circumstances disclose none.
Aggravating Factors of the Offender
The Convict had, at the time of the commission of the offense for which he was convicted, two convictions for issuing threats. These convictions were handed down the year before on the 19th of April 2016. This is an aggravating factor. The sentence is now 37 years.
Mitigating Factors of the Offender.
The State submits that the Convict assisted the authorities. What “assistance” he may have given appears to this Court to have been gratuitous, and minimal. However, in the interest of fairness, I will accord this the quality of a mitigating factor. The sentence is now reduced to 35 years.
There is no credit to be given for a guilty plea. The Convict is sentenced on one conviction and there is therefore no need to address the principle of totality. Credit for time spent on remand is to be given. As of 11th July 2023, he has spent a total of 6 years and 2 months in remand prison. This, plus the 8 days between then and the date of this judgment being delivered are to be deducted from his sentence. His sentence is therefore 28 years, 9 months, and 22 days in prison.
The Convict, Dorian Dailey is HEREBY sentenced to serve 28 years, 9 months, and 22 days in prison commencing on the date of delivery of this judgment, Wednesday, 19th July, 2023.
Sherma Dalrymple, Director of Public Prosecutions, assisted by Daina
Matthew and Marie Louis Pierre-Louis, State Attorneys appeared for the State while Darius Jones and Edward Peter Alleyne, Director of the Legal Aid Clinic,
for the Accused.
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