He may have only been the lookout, but Shane Alexander Riley was slapped with a suspended prison term and a $5 000 compensation order in connection with the burglary of a woman’s house in 2012.
“The fact that you did not enter her house does not minimise your role,” Madam Justice Wanda Blair told Riley in the No. 4A Supreme Court on Monday. “I grew up with the adage that the watchman is as good as the thief because without a watchman, many workers would be caught. That is why the law made it possible to charge someone like you with the same offence as the person who actually went into the house.”
Last November, as his trial entered the final phase of closing arguments, Riley, 40, of 2nd Avenue, Alleyne’s Land, St Michael changed his plea and confessed to the offence of burglary.
He admitted to entering the home of Natasha Holder as a trespasser on January 24, 2012 and stealing $9 955 in items belonging to her – two laptop computers valued at $4 600, one video camera valued $1 000, one necklace set valued $900, one chain set valued $700, one watch valued $900, one Kindle valued $400, one anklet valued $300, two rings valued $1 010, one pair of earrings valued $115, one piggy bank and $30 cash.
The facts of the case are that Riley and another man went to the complainant’s home. He remained outside as a lookout while the other man broke into the residence. A neighbour who saw both men walked over and talked to Riley, who left the area. The neighbour then contacted the police and informed them about the burglary and Riley was later arrested.
He admitted to police that he was aware his accomplice was a known thief but claimed that he had not benefited from the stolen property.
Saying five years was an appropriate starting sentence for the offence, Justice Blair noted Riley’s high risk of reoffending and his 14 previous convictions, some under the Theft Act. However, she also pointed out he had pleaded guilty, “albeit at the last minute”, had cooperated with police, and had expressed remorse.
A 10 per cent discount was given for the guilty plea and the delay in the matter getting to trial, and Riley’s 269 days on remand were also taken into consideration, leaving him with 795 days to serve.
Pointing out that the court believed that Riley was “genuinely trying to stay on the right track”, Justice Blair suspended the custodial sentence for two years and gave him nine months to pay the compensation.
“Although you have had numerous brushes with the law, the court is cognisant of the fact that since 2015, you seem to be walking the straight and narrow. Therefore, this court will extend a hand of mercy to you and allow you to continue your path of rehabilitation. I would advise you to continue to work hard for what you want and be the father to your children that you would have wanted your father to be to you,” she advised him.
Riley, who was represented by defence attorney Ricardo Harrison, tearfully thanked the judge before leaving the courtroom.
The matter will be reviewed on September 16.
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