Kevin Anthony Moxam, 41, was given a suspended sentence and ordered to perform 240 hours of community service for stealing cheques and cashing them. The cheques belonged to an acquaintance, a neighbour, and his mother.
Justice Algernon Smith passed the sentences after hearing details in Grand court on 5 September.
Moxam earlier pleaded guilty to theft and obtaining property by deception. Total value of the goods and cash he received was $4,924.63.
Crown Counsel Nicola Moore said the offences occurred in May and June of 2007.
In the first series, Moxam went to the business place of an acquaintance and asked to use the phone. He was left in an office by himself. After he left, the acquaintance noticed that six cheques were missing. Ms Moore noted that Moxam had asked for money and had been refused.
In the second incident, Moxam stole cheques from a neighbour’s vehicle and used them.
The neighbour went to the bank and discovered his account was overdrawn. He saw the cheques had been cashed at a gas station, so he went there, saw surveillance tape and realised the person was Moxam. When approached, Moxam said he would pay the money back, but he didn’t.
Moxam cashed the last four cheques after stealing them from his mother. Her account had been closed since 2003.
Defence Attorney Edward Renvoize said the offences were so serious that custody should be imposed, but the question was whether it should be immediate. ‘If he goes to Northward [Prison] today, he will not be able to pay the complainants back at this time,’ the attorney pointed out.
The offences were breaches of trust, he continued – not trust in an employer/employee relationship, but the trust of friends and even Moxam’s own mother. ‘I ask you to consider how far someone must sink to commit that type of offence.’
Referring to the storm that devastated Cayman in September 2004, Mr. Renvoize said Moxam lost his business post-Ivan and was unable to obtain employment.
Since the offences he has made significant strides and was enrolled in an apprenticeship scheme; all who complete the course are placed in a reasonably well-paying job, the attorney explained.
He asked the court to give Moxam a chance to prove he is a well-meaning, productive member of society.
Justice Smith said he took account of the guilty pleas, which he took to be a sign of contrition.
He said he had to consider Moxam’s interests and the interests of the public, in particular the people he had stolen from.
For the first series of offences he imposed a sentence of two years imprisonment, suspending it for two years. He ordered Moxam to perform 200 hours of community service and pay the bank $2,999 within six months or serve six months in default.
For the second and third series, which were on a separate indictment, he made a two year sentence concurrent and ordered 240 hours of community service, also concurrent.
He ordered compensation of $1,100.63 and $825 to the gas stations that had cashed the cheques. Payment must be within six months or he is to serve six months.