Defence, prosecution differ over sentence for granddad’s slaying

P rosecutors have called for a 25-year sentencing starting point for a man who killed his grandfather, rejecting the defence’s proposed 15 years and its argument that the fatal attack involved a mutual struggle. Keon Curwen Downes, of Rose Hill, St Peter, previously denied murdering Grenville Cumberbatch on June 16, 2021, but pleaded guilty to the lesser charge of manslaughter. During his reappearance in the No. 4 Supreme Court, his defence counsel Safiya Moore said that not every conviction for manslaughter warranted life imprisonment. She acknowledged clear aggravating factors, including the disparity between Downes’ age of 21 at the time and Cumberbatch’s age of 68; the fact that Cumberbatch was killed in his own home; the fact that the initial argument started over someone eating the other’s luncheon meat; and the multiple weapons used by Downes: a knife, scissors, a hammer and a tile.

The lawyer stressed the elements of provocation in the matter, saying, “While the incident that started that day was about luncheon meat, when the court reads the behavioural and presentence report, you can see the concept of that being the last draw. It was clearly a household that was filled with tension and volatility. ” “It clearly was an altercation in the household. He was injured at the time he was brought into custody…. This is not a case where he was just attacking a person. It is not a case where he was the only one doing something. He is saying ‘I was attacked and I retaliated and responded to that attack,” Moore added. She acknowledged that the injuries inflicted on Cumberbatch were excessive in number and went beyond self-defence. Moore nevertheless submitted that a three-year deduction should be made from the starting sentence for mitigating factors, citing his lack of…