Prison must be sentence for breach of trust, Chief Justice says
Takeisha Tishara McLean, 26, was sentenced on 20 January to 12 months imprisonment after pleading guilty to offences of dishonesty while she worked as a customer service representative at Cayman National Bank on Cayman Brac.
The offences, primarily theft and false accounting, were committed during a two-week period in August 2008 and concerned a total of $5,480.90.
The matter first came to court in May 2010 and was committed to Grand Court in September that year. McLean entered guilty pleas soon after, but by that time she was due to give birth and Defence Attorney Lucy Organ successfully applied for sentencing to be adjourned.
This month, Ms Organ told Chief Justice Anthony Smellie that the baby was now a year old and would be able to live independently of his mother if she had to go to prison. She said McLean recognised that possibility and had made child care arrangements. However, she was asking the court to consider a full or partial suspension of the sentence.
Senior Crown Counsel John Masters said McLean had worked at the bank since 2005. On 18 August 2008, the branch manager reported that a customer had filed a complaint when it was discovered that deposits he had made were different from what was recorded in his deposit book.
Mr. Masters said the thefts were accomplished by McLean altering a deposit slip and using the difference as her own.
Of the total stolen, $1,809.50 had been repaid, he said.
He also referred to a social inquiry report that had been prepared about the defendant.
In an earlier hearing, McLean had accepted that she transferred the stolen money to a man in Jamaica. She said she had met him on the Brac several months before and at first he was a boyfriend but then became abusive. He demanded money from her; when he was going to Jamaica he said he would send someone to kill her if she didn’t send him money.
It was agreed that McLean was not compelled to steal because the threats were not of immediate harm. She could have gone to someone in authority to report the threats.
In passing sentence, the Chief Justice said McLean had been allowed a reasonable and decent time to bond with her child. He pointed out that the law is clear and settled — for offences of dishonesty by a person in a position of trust, the law requires an immediate period of imprisonment.
She had stolen from her employer, the bank, he pointed out. The fact that she wished to send money to a man she claimed to be frightened of was no excuse. She had also told the court she needed to buy groceries.
In her favour, she had no previous convictions and showed no anti-social behaviour. Her guilty plea showed remorse, the Chief Justice noted.
Bearing in mind all these factors, and being bound by the law, he imposed 12 months on each charge and made them run concurrently. Because of the custodial sentence, he did not require her to complete the restitution payments.
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