Justice Carlisle Greaves has ordered Andre Bartholomew Edwards to pay a $5 000 fine for burglary and $10 000 in compensation to the women he stole from.
Edwards of Pasture Road, Haggatt Hall, St Michael and his co-accused Deon Dacosta Maynard had been charged with entering the house of Ellen Haynes as trespassers and stealing $150 belonging to Janell Christopher, and one purse and one
Barbados Driver’s License belonging to Latoya Beckles, on July 24, 2011.
Edwards denied the aggravated burglary charge but pleaded guilty to the burglary.
Accepting the plea on the State’s behalf, Principal State Counsel Neville Watson outlined the facts, saying that in his written statement to police, Edwards said that he had been in Dash Valley relaxing on his birthday when Maynard called him to inform him that he was supposed to go court and he had to go collect money from someone. He asked Edwards to accompany him as he knew someone who would take them by car, and Edwards agreed to go.
Along the way, the driver said he was experiencing car trouble and took them to his girlfriend’s house and borrowed her vehicle. The three then headed to a St Thomas neighbourhood and Maynard pointed out a house, saying that it looked as though the person who had money for him was home.
Edwards got out with Maynard who handed him a knife and told him, “If he run, stop he”. According to Edwards, Maynard said the man was “dodging” him for a long time.
Edwards put the knife in his pocket and the two walked up to the house and the other man opened the side door. The convicted man said there were three women inside the home and Maynard pulled a handgun.
“I say ‘This is not what I come here for’,” his statement read, adding that the other man started giving commands to the women. Edwards said he was about to run when Maynard told him not to move and pointed the gun in his direction.
Maynard took one of the women in the back of the house, while the other two lay on the ground frightened.
“Quick so I see the woman run out through the door screaming and he run out behind she and from the time I see he run out, I ran and went outside and keep running down the road. The car that dropped we off then came and picked we up and he was in the car. I tell he carry me home. The driver carry he to Collymore Rock and drop he off and then drop me home,” Edwards’ statement ended.
The facts were accepted by King’s Counsel Andrew Pilgrim, who represented Edwards in the matter.
Justice Carlisle Greaves, in his ruling, said: “It is a powerful mitigating factor that before then, the defendant had no previous convictions of any kind and since then he has had no subsequent convictions. He has been otherwise industrious, making his living in society. A court should be careful, therefore, not to be vindictive or oppressive in its sentencing in such circumstances to call diversion from an otherwise productive life.”
The judge stated that this was especially important when considering the “dastardly record” of the co-accused who, after this offence, committed several other crimes, including murder.
Justice Greaves also pointed out that in both his oral and written statements, Edwards had a strong defence as he did not know that Maynard was going to rob anyone and when he had tried to withdraw from the situation, he too had been threatened.
“In this case, the prosecution has submitted and the defence accepts that there are exceptional circumstances to this case which the court should vary away from the imposition of, first of all, a custodial sentence and should instead impose a sentence of a substantial fine,” Justice Greaves said.
He ordered that Edwards immediately pay $10 000 in compensation to three complainants in the matter or serve two years in prison. In addition, Justice Greaves fined him $5 000 to be paid in three months. If he defaults, Edwards will spend one year behind bars.
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