Man Gets Two Years’ Probation, $3,000 Fine & 140 Hours Of Community Service For Fight Outside Seven Mile Lounge
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By Alric Lindsay
Today, June 20, 2025, Devinn Scott McMillan, a Red Sail Sports employee, appeared before the Hon. Justice Peters to be sentenced for grievous bodily harm. The Hon. Justice Peters gave McMillan a two-year probation order without a conviction being recorded. McMillan must also do 140 hours of unpaid community service and pay $3,000 to the victim, David Eaton.
Background
Based on the summary provided in court, McMillan is a 29-year-old man originally from South Africa who is in the Cayman Islands on a work permit with Red Sail Sports.
Reportedly, in the early hours of the morning of April 7, 2024, a dispute broke out between McMillan and Eaton outside Seven Mile Lounge. The two men were unknown to each other.
It was explained that McMillan punched Eaton twice and kicked him while he was on the ground. Eaton suffered injuries to his nose, bruising to his face and eye. He also lost one tooth.
The Hon. Justice Peters accepted that the first punch was in self-defence; however, McMillan acted excessively by punching Eaton a second time.
Regarding the impact on Eaton, it was explained that his recovery is ongoing and expensive. The victim impact report added that Eaton had little memory of what happened. Still, he’s been significantly affected by the loss of his tooth, not only the embarrassment of the cosmetic impact, but also the financial cost of replacing it.
Discussing mitigating factors in favour of McMillan, the Hon. Justice Peters noted that he was born in South Africa with limited involvement from his father, effectively not having a father figure in his life. As a result, McMillan encountered challenges, including significant trauma as a child.
Concerning his work, reports submitted to the court noted that his employees and employer, Red Sail Sports, spoke highly of him.
After analysing the foregoing, the Hon. Justice Peters said that the starting point for the sentence is 12 months, with a range of the sentence being community order to two years.
However, the Hon. Justice Peters noted that if she passed a sentence that results in a conviction, then McMillian’s promotion to captain with Red Sail Sports would be in jeopardy.
In the circumstances, the Hon. Justice Peters accepted the recommendation in the social inquiry report to pass a probation order without conviction. The ruling was therefore as follows:
*Two years’ probation, during which time he must submit to the supervision of the probation officer.
*Comply with all directions of the probation officer, including attendance at any rehabilitation programs that they identify. He must also engage with the counselling centre
In addition to the above, the Hon. Justice Peters imposed a community service order requiring McMillan to do 140 hours of unpaid community service.
He must pay $2,000 to Eaton by June 30, 2025, and $1,000 by February 28, 2026.
Note to readers
Wounding or causing grievous bodily harm is covered under Section 204 of the Penal Code. This states:
A person who unlawfully and maliciously wounds or inflicts any grievous bodily harm upon any other person, either with or without any weapon or instrument, commits an offence and is liable on conviction to imprisonment for seven years.
The Hon. Justice Peters had the power to make the probation order under Section 35 of the Alternative Sentencing Act. This states:
Power of court to permit conditional release of offenders
35. (1) Where any person is charged with an offence which is punishable on summary conviction, and the court thinks that the charge is proved but is of opinion that having regard to the circumstances, including the nature of the offence and the character and home surroundings of the offender, it is expedient to release the offender on probation, the court may — (a) convict the offender and make a probation order; or (b) without proceeding to conviction, make a probation order.
The power to implement a community service order is under Section 42 of the Penal Code. This states:
Community service orders
42.
(1) Where a person, including any young person, of or over the age of seventeen years is convicted of any offence (other than an offence in respect of which the punishment is forfeiture) the court before whom that person is convicted may with that person’s consent and subject to sections 43 to 45, in addition to or instead of dealing with that person in any way, make a community service order.
(2) A community service order made under subsection (1) shall require the convicted person to perform unpaid work in accordance with section 43 for a specified number of hours (being in the aggregate not less than forty nor more than two hundred and forty).
(3) A court shall not make a community service order in respect of a person convicted of an offence unless the court — (a) has been notified by the Cabinet that arrangements exist for work to be performed under such orders; (b) is satisfied after considering a report by a probation officer about such person and that person’s circumstances and (if the court thinks it necessary) hearing a probation officer, that the person is a suitable person to perform work under such an order; and (c) is satisfied that provision can be made under the arrangements referred to in paragraph (a) for that person to perform such work.
