Fine, then prison time, then refund for dangerous harm convict

Albert Garbutt Jr.

An appeal by the D.P.P.’s office had an unusual end in the court today. Thirty-nine year old Albert Garbutt Jr. was initially charged with Attempted Murder, but was convicted of Dangerous Harm on August thirty-first, 2009. He was fined seven thousand dollars or in default three years in prison. This morning the Appeals Court judges replaced the fine with a sentence of two years behind bars, saying that a fine should never have been ordered due to the nature of the crime. Garbutt was charged for stabbing Evan Gillett at least seven times in July of 2005. But since Garbutt had already paid the fine, the court also ordered that his money is to be refunded.