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by pltm
(PLTM) - The High Court is to determine whether Kenyatta Boynes will be eligible for parole after both the prosecution and defense agreed he should be during his life sentence.
Boynes, 32, also known as Yhats, was found guilty in October of the execution style murder of Paul Prentice and attempted murder of another young man on Waterfront Drive in December 2014.
Yesterday afternoon, January 12, a sentencing hearing was held before Justice Nicola Byer.
Murder carries an automatic life imprisonment sentence; however, with the Parole Act, a judge can order a minimum time the convict will serve before he/she can go before the parole board to seek early release.
During the hearing, Director of Public Prosecutions, Ms. Kim Hollis, QC said that while the case is a very serious one, it is not the worst of the worst, and the crown does not believe that Boynes should be sentenced to a whole life order, that is life imprisonment without eligibility for parole.
She however noted that it falls just below the whole life order, pointing out that the starting point should be on par with the case of Jessroy McKelly. In 2014, McKelly was sentenced to life with eligibility for parole in 40 years, in connection with the murder of Kareem “Bingy” Sebastian.
Attorney-at-Law Patrick Thompson, who appeared for Boynes, while agreeing that his client does not deserve a whole life order, said that he part ways with the DPP on the point that it should be just below the latter.
Thompson did not indicate in open court the exact tariff he is seeking for the court to give his client, but directed the judge to his submissions, which would have contained that information.
The DPP pointed out several aggravating factors in the case, including, that the motive was drug related over missing $600 worth of marijuana; it was premeditated (24 hours); place and timing the shooting occurred---in the area of an ice cream parlour with other bystanders; a clear intent to kill, noting that Paul was not the intended target; and Boynes' determination to shoot and kill the other young man (the intended target).
The legal teams will return to court on January 27 to carry out final arguments as it relates to whether the sentence, including the six years Boynes is currently serving for firearm possession, will run concurrently or consecutively.
Justice Byer said that she will work towards handing down her decision before February 6.
The crown had contended that Boynes, on the night of the shooting, went to Aaron's Car Rental on Waterfront Drive to shoot and kill the other young man, but at the time, Prentice, 22, was also sitting on the porch.
During the shooting, Prentice was killed as he was running for his life. The intended target, the other young man, escaped injury.
It was the crown's case that Boynes wanted to kill the young man over a handful of missing marijuana.
The young man was the prosecution's star witness and he told the court that he saw the shooter's eyes and it was Boynes. He also said that he saw that the shooter had dreadlocks.
The shooter's face was partially hidden.
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