After describing a case as unusual and somewhat puzzling, Mr. Justice Alex Henderson said the offences involved warranted a sentence of six years.
But he deducted one-third for the guilty pleas entered by Alvin Robert McLean, saying they showed genuine remorse and were not a tactic.
The judge therefore passed a sentence of four years, noting that all six charges arose from one incident last 6 December. The offences took place at Little Bluff, North Side, where complainant Daniel Carlos Rankin has a farm.
In a hearing last Friday, McLean, 47, admitted assault causing actual bodily harm to Mr. Rankin, by hitting him in the back of the head with a shotgun, wrongfully confining Mr. Rankin in a shed, threatening him with violence, stealing his wallet, taking the shotgun and six rounds of ammunition without a licence, and possession of firearms with intent to commit an indictable offence.
Before McLean was sentenced, he told the court that Mr. Rankin and his wife had treated him as if he were one of their own sons. He said he had lost control and regretted what took place.
Crown Counsel Gail Johnson summarised the facts of the case and Attorney James Austin-Smith spoke in mitigation.
Ms Johnson explained that Mr. Rankin is disabled, having only one leg and one hand.
Around 7.30am on the day of the incident, Mr. Rankin asked McLean to assist him in planting fence posts.
McLean asked Mr. Rankin to take his 20-gauge shotgun along, supposedly to shoot parrots.
Around 8.30am, as Mr. Rankin was taking cement out of a bag, McLean took the shotgun and struck him on the head. He used a piece of wire to tie Mr. Rankin’s only hand to the water pump.
The complainant asked why he was doing this. McLean replied, ‘Daniel, mind I use the gun on you and shoot you, so you better say nothing.’
He tied a cloth around Mr. Rankin’s face and mouth, took his wallet and locked him in the shed. He then took Mr. Rankin’s vehicle and went to visit his wife in George Town.
Mr. Austin-Smith explained that the purpose of McLean taking the shotgun was to do harm to his wife. He intended to shoot her and her boyfriend, but when he went to the residence he did not find them.
He abandoned the car with the firearm and wallet in it.
He was arrested near the North Side Police Station as he was going to surrender himself.
The attorney described McLean’s motive as extreme jealousy, which caused a temporary loss of control.
‘As soon as his anger dissolved, he regretted it,’ Mr. Austin-Smith said. He pointed out that McLean also phoned somebody to say that Mr. Rankin was in the shed. Police reports at the time indicate that Mr. Rankin was confined for about eight hours.
Mr. Austin-Smith also advised the court that McLean had consumed alcohol and ganja before the incident. Afterwards, he took $25 from Mr. Rankin’s wallet to buy cigarettes before he went into custody. The rest of the contents were left in the vehicle.
In passing sentence, Mr. Justice Henderson referred to McLean’s previous convictions, saying he had a record seen depressingly often with defendants who have developed a long-term addiction to drugs:. Drug offences and criminal violations are the fall-out of drug abuse.
The judge pointed out that the only evidence of McLean’s intention to wound his wife came from his own admission. He had made a full confession to police in circumstances where they would not have had any evidence against him on that charge.
Since the offences arose from a continuing series of events, the judge said the sentences would be concurrent, so he had to consider the correct global sentence.
Having regard to the intent with which McLean went to George Town, armed himself with a loaded shotgun and in effect committed robbery to obtain the gun, the judge arrived at a sentence of six years. He then deducted one-third for the guilty pleas, arriving at four years.
The four-year terms were for the two firearms offences; three years each for assault and wrongful confinement; two years for threatening violence; six months for theft of the wallet.
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