Press Summary of Court Digest – Saint Christopher Circuit High Court Criminal Convictions (January to March 2024)
(Justice Iain Morley KC)
12.12.23 – REX V ADRIAN BART
Following conviction by the jury on 16.12.23, Adrian Justin Bart was sentenced on 12.12.23 to 3.5 years imprisonment for indecent assault on 03.07.19 on a girl then aged 11. The detailed sentencing remarks can be found at https://www.eccourts.org/judgment/rex-v-adrian-bart.
13.12.23 – REX V IRA MAYNARD
On 13.12.23, Ira Maynard aged 70 was sentenced to 15 years imprisonment on a plea of guilty to manslaughter by reason of provocation where he killed his cousin Devis Manners on 02.07.19 by a single stab to the heart. The detailed sentencing remarks can be found at https://www.eccourts.org/judgment/rex-v-ira-maynard.
13.12.23 – REX V INSHAN MOHAMMED
On 13.12.23, Inshan Mohammed aged 47 was sentenced to 8 months imprisonment on a plea of guilty to causing death by careless driving of Arthur Belle aged 62 on 13.11.20, plus was required to pay EC$40,000 as a measure of compensation to his family within 3 months or face 12 months imprisonment in default. He had been 3.5 times the legal blood alcohol limited when he hit Belle crossing the Bay Road by Sol, not braking. The maximum was 3 years, with a starting point of 30 months, reduced for obvious remorse, good character, and uncertainty why Belle had appeared suddenly in the road, to 12 months, and then to 8 months with full credit for plea. The sentence though short, would not be suspended in order to raise deterrence of drunk driving. Mohammed was also disqualified from driving for two years, which he had already served after his licence was suspended after the collision.
15.12.23 – REX V MAHSEEKA BARTLETTE
On 15.12.23, Mahseeka Bartlette aged 30 was sentenced on early pleas on 02.06.23 for five counts of forgery of cheques. On 26.01.20, in financial hardship, she had taken the chequebook of her friend Andrew Liburd and forged his signature on three cheques, for liquor and groceries to the value of EC$3,838.35, and then on 07.02.20 cashed EC$1,500 in a bank at Sandy Point, trying unsuccessfully again on 10.02.20 to cash EC$2,005. When caught she made full admissions, and showed how she had been practicing the signature. She had no relevant convictions, brought to court EC$5,100 in cash, being almost the full amount obtained, and for the five counts, applying the ECSC sentencing guidelines, in combination was sentenced to 12 months imprisonment suspended for 12 months, with an order to pay compensation of EC$5,400 by 31.01.24 or serve 6 months in default.
19.12.23 – REX V KHALID CANNONIER
On 19.12.23, Khalid Cannonier aged 28 was sentenced on an early plea to unlawful wounding on 23.09.22 of Shorn Moses. There had been at an earlier date altercation where Moses had hurt Cannonier, and at 09.00 with Moses’ head under the bonnet fixing a mechanical issue, Cannonier stole up on him and stabbed him three times in the left arm, which caused nerve damage, leading to Moses being in hospital 3 weeks. Cannonier made full admissions to police on arrest, and expressed strong remorse through his social inquiry report. In his impact statement, Moses said he did not want Cannonier to go to jail but instead wanted him earning to pay compensation, which sentiment was endorsed by prosecution counsel. It was agreed with counsel defending, prosecuting, and presenting civil suit an appropriate settlement sum would be EC$27,500. With the maximum being 7 years, Morley J calculated the starting point for the offence was 5.5 years, or 66 months, reduced for evident remorse and good character to 48 months, and then to 32 months with credit for plea, which would be suspended for 2 years, with an order to pay compensation of EC$27,500 as EC$3,500 on 29.02.24 and thereafter EC$1,000 monthly for 24 months, or face 12 months imprisonment in default.
22.12.23 – REX V CUTHBERT WILKES
On 22.12.23, Cuthbert Wilkes aged 52 was sentenced following conviction by the jury, after trial, for the offence of possession of a firearm with intent to endanger life on 17.05.19. He had drawn his licensed firearm during an altercation pointing it at Joseph ‘Bounty’ Lee. He was ordered to pay EC$20,000 in compensation to Lee, his firearm was confiscated, his firearms licence was revoked, and he received 3 years imprisonment suspended for 2 years. The full sentencing remarks are at https://www.eccourts.org/judgment/rex-v-cuthbert-wilkes
22.12.23 – REX V SHAQUIEL LIBURD
On 22.12.23, following trial, the jury convicted Shaquiel Liburd aged 27 of the murder on 29.04.19 of Constance ‘Consie’ Thompson, aged 77 in her home in Conaree, by attacking her from behind and stabbing her neck and chest 26 times. He remains in custody and will be sentenced after social inquiry and psychiatric reports.
15.01.24 – REX V TESRON JOHNSON
On 15.01.24, Tesron Johnson, aka ‘Kente’, aged 31, pleaded guilty to indecent assault on a girl on 10.09.21, and following Goodyear indication of sentence on 11.12.23, which was preserved, received 18 months immediate custody.
18.01.24 – REX V LEREL ARCHIBALD
On 18.01.24, the Crown entered a nolle prosequi in respect of Lerel Archibald aged 25 who had been charged as being in possession of a Rossi 0.38 revolver with 5 rounds on 26.02.19. Trial had begun on 17.01.24, where a lone witness said he had been seen at a distance of 25-30ft to run off with a small gun in his right hand, and as the evidence emerged, it became clear there were weaknesses in the reliability and accuracy of what could have been said to have been seen. The Crown concluded there was no reasonable prospect of a conviction and properly discontinued in keeping with its duty of fairness.
22.01.24 – REX V KEITH SILCOTT
On 22.01.24, the case of unlawful grievous bodily harm against Keith Silcott of Keys village was discontinued in the public interest by the ODPP after he paid to Marisol Harrigan, with her agreement, the sum of EC$30,000ec for fracturing three fingers during an altercation in their relationship on 08.01.19.
31.01.24 – REX V CALVIN DORE
On 31.01.24, Calvin Dore aged 81, following Goodyear indication of sentence, pleaded guilty to unlawful wounding of his ex-wife Sheryl Dore on 20.06.17. In the background there had been court proceedings for divorce and to evict Sheryl, and in the kitchen of their home there had been an altercation, where she had received three wounds from knives to her abdomen, requiring surgery to her liver, so she was in hospital for 8 days, and both had defensive blade wounds to their hands. Calvin suffers diabetes, the case was 6.5 years old, and Sheryl did not want him jailed, asking instead for EC$20,000 compensation. Applying the ECSC sentencing guidelines, noting the maximum for unlawful wounding is 7 years, following plea the court settled on 3 years imprisonment, which would be suspended for 3 years in light of his age, ill health, the age of the case, and that Sheryl did not want him jailed, with an order he pay EC$20,000 in compensation, all by 24.07.24, or serve 12 months in default.
05.02.24 – REX V CAJAN SIMMONDS
On 05.02.24, Cajan Simonds aged 26 was sentenced to 45 months imprisonment for twice burgling S&B fashion, on 05.03.22 and 19.06.22. Unrepresented and impecunious, he had pleaded guilty to the March burglary on 30.11.23, which had been adjourned on bail for reports, and then after, the second case came to the court’s attention, to which he pleaded on 02.02.24. Considering a social inquiry report dated in January 2024 showing an unsettled home, and applying the sentencing guidelines, with a maximum of 10 years per count, and with full one-third discount for plea, for these commercial apparently quasi-professional burglaries, noting he has fines in 2014 and 2018 for earlier larceny, being relevant dishonesty convictions, the March burglary was assessed as meriting 40 months, and the June burglary 45 months, both to run concurrently as similar and not while on bail.
12.02.24 – REX V ABKIM BRYAN
On 12.02.24, Abkim Bryan aged 30 was sentenced to 21 years imprisonment on pleas of guilty to rape and buggery of a woman on 04.06.19 at her home in St Kitts, where he was with two unidentified others who invaded, masked, one armed with a gun, tying up her husband and child in the same room as where she was assaulted. Bryan was linked to the event by a DNA finding. The full sentencing remarks can be found at https://www.eccourts.org/judgment/rex-v-abkim-bryan
15.02.24 – REX V RAE CLARKE
On 15.02.24, Rae Clarke aged 32 was sentenced to two years immediate imprisonment on a plea of guilty to causing the death of Conrade Simon, aged 85, on 15.10.20 when on foot on Pond road in Basseterre, where Clarke pulled a wheelie on a motorbike going the wrong way on a roundabout and colliding with Simon on a pedestrian crossing. The full sentencing remarks can be found at https://www.eccourts.org/judgment/rex-v-rae-clarke
19.02.24 – REX V STEVE BROWNE
On 19.02.24, Steve Browne aged 54, following Goodyear indication of sentence, pleaded guilty to indecent assault of a girl, then 16, between January and March 2020, receiving 20 months prison suspended for two years. Applying the sentencing guidelines, the maximum for indecent assault being 10 years, the offence was found between categories 2A and 3A, meriting a starting point of 30% or 3 years, uplifted to 3.5 years for a degree of grooming and abuse of trust, reduced one year for good character and remorse to 2.5 years, or 30 months, then reduced by one-third for early plea, to 20 months. The prison sentence was then suspended for two years as Browne is wheelchair bound, which would make serving a sentence particularly difficult, while there was every expectation he will respond to court order so as to rehabilitate.
12.03.24 – REX V TABIA FLEMING
On 12.03.24, Tabia Flemming aged 42 was sentenced to 15 months immediate imprisonment for forgery between January 2017 and August 2018, to which she pleaded guilty on 30.11.23. The sentence had been constructed during Goodyear indication on 27.11.23, with then on 30.11.23 an application for a social inquiry report and medical materials to see if the sentence should be suspended. The allegation was in essence of corruption, because as an immigration officer she had been selling work permits for cash in a bar at the Strip, seven for between EC$1,000 – $1,500 each, where she would forge passport work permit stamps. The maximum sentence for forgery is 7 years, with under the sentencing guidelines the offence meriting a starting point at category 2B, meaning 40%, or 3 years, and mitigating features with full one-third credit for plea reduced it to 15 months. Though of good character, the 15 months would not be suspended as, barring a serious health issue, only an immediate custodial sentence is appropriate for such corrupt practice.
25.03.24 – REX V KISHORN GORDON
On 25.03.24, Kishorn Gordon aged 33 was sentenced following early plea to stealing from his employer in late 2021. He had been working for ‘Truth’ cybercafe as a supervisor and aware other staff were pilfering, he took a macbook pro and iphone, to the combined value of EC$7,400. When police were asked to investigate missing items, under interview he immediately admitted his action, returned the items, and helped recovery of another iphone. Noting the abuse of trust, he expressed credible remorse in the social inquiry report, and with no previous convictions, was sentenced to 20 months imprisonment suspended for 2 years.
26.03.24 – REX V JAHKEEN WALTERS
On 26.03.24, Jahkeen Walters aged 30, unrepresented, was sentenced to 18 months for burglary overnight of Jaro Electronics on 15.10.22 where, breaking in through a door, he stole employee belongings to the value of EC$400. Seen on cctv, he was arrested and made immediate admissions, saying he had been hungry, helping all property recovered. He had two previous convictions for larceny, for which he had been fined. He had been in custody since 28.10.22, never making a bail application, meaning he had served 17 months, and it was expected he would now be released by the prison as owing to remission having served his time.
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