Woman who struck a child sentenced to three years’ probation

A 24-year-old woman who struck a child, causing a black eye, has been sentenced in Montserrat High Court to three years’ probation and time served.

Nyoka Stewart pleaded guilty to grievous bodily harm and assault occasioning actual bodily harm in relation to the incident that occurred in May this year.

Justice Brian Cottle delivered his sentencing judgment on 28 October, in which he outlined the events of that day.

Montserrat Focus has chosen to withhold the publication of some of the details to protect the identity of the child.

Cottle explained that the incident was brought to the attention of teaching staff at the child’s primary school when they arrived one day with injuries to their face.

The child said Stewart had struck them in the leg, stomach and eye.

The Royal Montserrat Police Service was notified and the child was given medical attention.

The accused was then arrested and charged with two offences, for which she pleaded guilty, and was remanded into custody pending sentencing.

However, at the initial sentencing hearing she changed her plea to not guilty.

Stewart then spent 159 days in His Majesty’s Prison before being released on bail.

Prior to the scheduled trial on 23 October, she again pleaded guilty, leading to the second and final sentencing hearing.

In his ruling, the acting high court judge explained that the two charges each carry a maximum penalty of five years in prison, while the second charge also carries a possible fine of up to EC$3,000.

He said Stewart moved to Montserrat from Jamaica at the age of seven and completed her early education at Look Out Primary School before attending Montserrat Secondary School.

After school she secured short term employment, before moving in with her partner.

She has a medical history of having had mental health needs and a “chaotic” and traumatic childhood, Cottle explained.

He added that Stewart has no previous convictions and both the child’s mother and grandmother requested that she not be given a custodial sentence.

The acting judge handed down a sentence of three years probation and ordered her to attend the Target for Effective Change programme, and talk with a clinical psychologist.

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