Saying he wanted a foreign-born burglar out of the country, Mr. Justice Alex Henderson sentenced a young man to one day imprisonment and recommended his immediate deportation.
The defendant, Barrington Anthony Hall, had been in custody eight months when he entered his guilty pleas on 8 July.
The judge said it could easily be argued that Hall’s two burglaries merited more time in custody than he had spent so far. However, there were counterbalancing considerations that were also important.
Hall, at age 20, had no previous convictions, the judge noted. ‘I would prefer not to see you incarcerated, given that the institution itself is likely to be a training school in serious behaviour.’
The burglaries were offences against property and involved no element of violence, he continued. The premises were business places, not dwellings.
Taking all those factors into account, the judge imposed the sentence of one day ‘specifically because I want to get you out of Northward and off the island…. I am recommending that you be deported to Jamaica immediately.’
Later, when the question of compensation was discussed, the judge decided against it. Without resources to pay compensation, Hall would have had to serve time in lieu.
Mr. Justice Henderson explained: ‘I don’t want him sitting in Northward for another period of months becoming better and better acquainted with local criminals, forging links that will be useful in the future between Jamaica and the Cayman Islands. I would rather get him out of the country.’
According to facts set out by Senior Crown Counsel Adam Roberts and mitigation by Attorney John Furniss, Hall came to Cayman last year to get a job. His grandmother was here and was arranging a work permit for him.
Hurricane Ivan took place in September. As a result of damage to the grandmother’s house, she and Hall took refuge at the George Town Primary School shelter.
There Hall met an older man and came under his influence. The grandmother told Hall not to associate with the man, but he continued to do so.
On 10 November, Hall and the other man entered a George Town store and stole $4,150.
On his own, around the same time, Hall entered a premises off Eastern Avenue and stole $3,939.71.
The Eastern Avenue burglary was discovered when an employee came to work the next morning and found that the front door glass had been smashed. There were droplets of blood on the door and floor; the cash was missing from an unlocked cabinet.
When Hall was arrested five days later, he had a bandaged finger. He told police he had cut himself with a machete. When he was interviewed under caution three days later, he admitted the burglary, saying he had cut himself when he broke the glass.
However, he denied theft of the money, saying he had entered with intent to steal but was not able to find anything worth stealing.
Relating to the store burglary, Mr. Roberts told the court that the offices at that premises were never locked. An employee, who had left the money in a receipt book, came to work and found that her office had been ransacked.
When Hall was interviewed about the incident, he admitted that he had committed the burglary along with the man he had met at the hurricane shelter.
That man has been remanded in custody, with sentencing adjourned until 5 August.