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DPP Tries To Get Realistic Sentence for Convicted Man
posted (June 17, 2015)

About a year ago, we told you about Wilbert Cuellar, the man who was convicted of attempted murder, but he received a lenient sentence for very serious crime. Well, once again, the Director of Public Prosecutions has gone back to the Court of Appeal to reverse the decision of the sitting judge.

As we told you, Cuellar was convicted in December of 2011 of the murder of Josue Chay, but the trial judge, Justice Denis Hanomansingh, believed it to be unjust. So, he invoked what is called "inherent jurisdiction" to set Cuellar free without serving any further time behind bars. In March 2014, DPP Cheryl Lynn Vidal challenged it at the Court of Appeal, and convinced the panel to pass an appropriate sentence for the crime.

The case went back before Justice Hanomansingh, who decided that an appropriate sentence in this instance was 3 months – or time served in jail – which is what he formally delivered as the final sentence. Again, the DPP decided to appeal the judge's decision, believing that she was compelled to do so since 3 months is not an appropriate sentence for attempted murder.

Today, she finally got her opportunity to challenge the sentence before the Court of Appeal. She appealed on the ground that the sentence was unduly lenient. Cuellar's attorney, Michelle Zuniga, had conceded that the sentence was lenient and she had submitted what she believed the sentence should be.

The Court of Appeal has reserved it's decision on this issue to date to be announced.

"As we told you, in the original trial, evidence against Wilbert Cuellar was that he allegedly picked up a cement brick to knock out Chay so that Darwin Diaz could chop him repeatedly. Diaz was sentenced to 12 years in prison. "

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