By Alric Lindsay
Delainio Donavan Madden appeared in Summary Court today, October 15, 2024, facing charges of overstaying, wounding, careless driving and leaving the scene of an accident. He pleaded guilty to overstaying and not guilty to the remaining charges.
Overstaying
Regarding overstaying, Magistrate Hernandez noted that Madden was charged under section 105 of the Customs & Border Control Act. This states:
105. (1) A person who (a) lands or attempts to land in the Islands; (b) does any act preparatory to landing in the Islands; or (c) remains or resides in the Islands, where such landing, preparing, remaining or residing is or would be in contravention of this Act, commits an offence and is liable on summary conviction to a fine of twenty thousand dollars and to imprisonment for five years.
In the circumstances, it was alleged that he unlawfully remained in the Cayman Islands from April 21, 2022, to September 16, 2024. He pleaded guilty.
Wounding
Concerning the alleged wounding, Madden was charged under section 204 of the Penal Code. This states:
204. 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.
In the circumstances, it was alleged that on September 15, 2024, Madden unlawfully and maliciously wounded Jerome Gayle. Madden pleaded not guilty.
Careless driving
Regarding careless driving, Madden was charged under section 77 of the Penal Code. This states:
77. (1) A person who drives a vehicle or animal on a road without care and attention, or without reasonable consideration for other persons, commits an offence and is liable on summary conviction to a fine of one thousand dollars or to imprisonment for a term of six months, or to both.
(2) Where a person is convicted of an offence under subsection (1), the court may order that that person be disqualified from holding or obtaining a driver’s licence for such period not exceeding twelve months as the court may order and the particulars of the conviction shall be endorsed on that person’s driving record.
In the circumstances, it was alleged that, on July 8, 2024, Madden unlawfully drove a Honda Stream along the junction of Hirst Road and Shamrock Road without due care and attention.
Leaving the scene of an accident
Concerning leaving the scene of an accident, Madden was charged under section 73 of the Traffic Act. This states:
73(7) The driver of the vehicle shall remain at the scene of the accident until released by a constable, unless in the case of an emergency, including a need for immediate medical attention or if the site is not safe.
In the circumstances, it was alleged that Madden unlawfully left the scene of an accident while driving along Hirst Road and Shamrock Road without having reasonable cause to leave the scene.
Madden is expected back in Court soon.
