DNA on a sneaker lost by a masked thief when he fled after robbing a convenience store was used to track him down and led to a jail sentence of three years and 10 months.
Franklyn Orrett, 29, was found guilty after trial of robbery and threatening a woman cashier with an iron bar.
Justice Cheryll Richards said the offences were “serious” and “firmly passes the custody threshold”.
Richards said in her judgment, “A weapon was produced in the course of a commercial robbery of a small shop. The harm caused has led to a change in business operations.”
The Grand Court earlier heard that Orrett was chased by staff after he threatened the female staff member with the metal bar and stole a cash register containing $170 from Captain Frank’s grocery and diner in West Bay.
But he dropped the cash register and a sneaker came off as he climbed a fence as he tried to escape his pursuers.
The woman he had earlier threatened kept the sneaker and turned it over to police who matched the DNA on it with Orrett.
Police forensics found that the DNA on the sneaker retrieved from Orrett, who had 21 previous convictions, including burglary, drug offences, assaults and causing actual bodily harm, was 38 septillion times more likely to be his than from another man not a relative.
The offences happened June last year and Orrett was convicted after a trial in September last year.
Richards said in a written judgment in February, which was recently posted on the judicial website, “It is an aggravating factor that the defendant attempted to conceal his identity.
“It is not unreasonable to infer that, but for the loss of his shoe, it would likely have been far more difficult to identify him.”
She added, “A second aggravating factor is the defendant’s antecedent history, involving as it does previous convictions, albeit not for robbery, but convictions for dishonesty and assault causing bodily harm.”
But Richards said factors in mitigation included Orrett’s remorse and “a somewhat traumatic life”, including the loss of his only brother.
She added that Orrett also required long-term rehabilitation to tackle a drug and alcohol addiction.
Richards said, “The court also takes into account his mother’s pleas for mercy … and, in particular, the related mental health issues which arise because of these addictions.”
She explained that she had reduced the sentence by 18 months because of the mitigating factors.
Richards added that the use of an offensive weapon caused “serious alarm or distress”.
She said, “The culpability is also high because it was carried with the intention to use to threaten or cause fear.”
Richards, however, ordered the sentence of 22 months to run concurrently with the robbery term.
She added that time already served should be taken in to account and that Orrett should get treatment while behind bars.
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Come on.
This guy is a bad un. He should be locked up forever.