James Hurley Chisholm was sentenced on Wednesday 30 September to two and a half years in prison for consumption of cocaine and four counts of burglary which took place between 2006 and 2007.
During a Police interview, the defendant admitted to committing the offences while he was on bail for the initial charge of burglary and attending the Drug Rehabilitation Court.
He has since been expelled from the programme.
Crown Counsel Tricia Huchinson outlined the details of the case, telling the court that the first complainants in the case had returned home to find a window smashed.
Several items were discovered stolen including a drill, a skill saw, a flashlight, binoculars, CD’s, a cell phone, and a Movado men’s watch.
Shoe prints, as well as black scuff marks were found on the wall.
Chisholm was seen outside a residence close to the burgled home. He was wearing slippers, which upon examination, revealed a pattern similar to one left at the crime scene.
The defendant admitted to wearing the shoes when he broke into the home and led police to the tools, at which time many of the other items were recovered.
These were later identified. However, Chisholm admitted to selling some of the CD’s and a phone for $25 worth of crack cocaine.
During the police interview, Chisholm was given a urine test, which rendered a positive result and the defendant admitted to using cocaine.
A second series of burglaries by Chisholm took place in August of 2007 at the Azure Breeze Villas.
The units at the complex were being checked for Hurricane Dean when it was discovered that a window was broken and a number of units had been broken into.
A lady’s bicycle, a handbag and prescription binoculars were found to be missing.
In responding to a call regarding a domestic dispute, officers searched Chisholm’s home and found some of the items stolen from the apartment complex’s units.
The bicycle, bag and binoculars were not recovered.
In mitigating his client’s position, Defence Attorney John Furniss said Chisholm admitted to the crimes during the early stages of the police investigation.
The attorney said he accepted that the defendant did not have a good record but indicated that he had not been before the court since 2007.
‘His drug court order was revoked on 10 September, 2009,’ said Mr. Furniss, who reminded the court that Chisholm was one of the longest attending members of the Drug Rehabilitation Court.
Mr. Furniss said credit should be given to the defendant for his early plea, his returning many of the items and cooperating with the police.
Chisholm’s progress in fighting his addiction was cited by Mr. Furniss, who also pointed out that the incidents happened when no one was at home. He said he hoped to see Chisholm able to return to the Drug Court and accepted that his sentence would be a custodial one.
A letter written by James Chisholm was also offered to Magistrate Nova Hall, who said for two distinct acts of burglary, the maximum was eight years.
However, she said she would take note of Chisholm’s early admission and previous success in the Drug Court.
James Hurley Chisholm was then sentenced to two and a half years, less the time he has already spent in prison on remand since 10 September, 2009.