Man Who Overstayed For Two Years Gets Two Years’ Imprisonment For An Unprovoked Attack Against A Woman, Beating Her In The Eye With A Cellphone. He Must Also Serve Eight Months For Overstaying.
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By Alric Lindsay
Ricardo O’Brian Clarke appeared in the Summary Court today, June 25, 2025, to be sentenced for overstaying and assault causing actual bodily harm. For overstaying two years and two months, the Chief Magistrate sentenced him to eight months’ imprisonment. For an unprovoked attack against a woman, leaving her with a blackeye and temporarily losing her eyesight in one eye, he received two years’ imprisonment.
Background and sentencing
Regarding the assault, it was explained in court that Clarke was in a relationship with the victim and occasionally visited her home. Reportedly, he had a key to her house and her car.
Reportedly, on the evening of November 7, 2024, while she was getting ready to go out, Clarke came to her house. Allegedly, Clarke held her hand and said, “You’re not going anywhere.”
A tussle ensued, someone intervened, and Clarke left the house.
Reportedly, Clarke returned to the house at 3 am on November 8, 2024, and entered the woman’s bedroom while she was in bed.
In response, the woman changed her clothes and went outside to sleep in the car to avoid any issues.
While she was lying in the left front passenger seat, Clarke ordered her to open the car door. When she refused, Clarke opened the car door with a key that he had.
Reportedly, Clarke grabbed her mobile phone and used it to hit her in her face, eyes and head several times.
The woman eventually fled after the continued assault.
Offering to show photos of the incident to the Chief Magistrate, Crown Counsel from the Office of the Director of Public Prosecutions described the injuries as “nasty.”
The damage was so bad that she lost sight in one of her eyes temporarily.
DPP Crown Counsel noted that it was a prolonged and unprovoked attack.
In the circumstances, DPP Crown Counsel suggested a starting point of three years’ custody.
Arguing on Clarke’s behalf, Defence Counsel Crister Brady noted that Clarke was remorseful after seeing the photos of the woman’s injuries. Reportedly, Clarke was very ashamed and apologised.
Discussing mitigating factors, Defence Counsel Crister Brady said that Clarke had no previous convictions and pleaded guilty at the earliest opportunity.
After hearing from the counsels, the Chief Magistrate said the starting point for the assault sentence was three years. She deducted one-third of the sentence for Clarke’s early guilty plea, leaving a total of two years’ imprisonment for the assault.
Turning to the overstaying, DPP Crown Counsel noted that Clarke overstayed his work permit by over two years.
Reportedly, Clarke explained his overstaying by saying he was trying to leave but didn’t have the money. Reportedly, he said, “my plan was to get a car and that’s why I keep trying to get cash so I can get the cash to get the car to go home.”
Regarding his work permit, it expired in February 2023. Clarke received a final extension to March 2023.
As of March 2023, it is understood that Clarke earned his income by gambling, specifically by playing “numbers.”
Clarke’s lawyer confirmed the expiration of the work permit and noted that Clarke was “relying on someone else to put in the permit for him.” However, the person was difficult to get in touch with.
After hearing from the counsels, the Chief Magistrate noted that Clarke overstayed for two years and three months.
The Chief Magistrate added that the maximum sentence under the legislation for this offence is five years, which is considered serious.
She said further that it was an aggravating feature that Clarke worked during the period of overstaying, doing illegal gambling activities.
She continued:
I do not accept that you were trying to get money to leave the jurisdiction.
What any sensible person should do is that upon expiration of their work permit, turn themselves into immigration and say I have no money.
They will get you out.
In the circumstances, the Chief Magistrate said the starting point for sentencing for overstaying would be twelve months’ imprisonment. This was reduced to eight months for his early guilty plea. Deportation was recommended following completion of the overstaying and assault sentences.
Note to readers
For other cases on overstaying, please see the links below.
