Sibran Allen, the 20-year-old Chauncey man who stole his 89-year-old neighbour, Ralph Williams’ ATM card and emptied his bank account of the EC$9,000 was left in tears at the Serious Offences Court on Wednesday.
The St. Martins Secondary School (SMSS) graduate cried as Senior Magistrate Colin John invoked their alma mater’s name while sentencing him.
The magistrate noted that Grant Connell, who mitigated on Allen’s behalf, is also an SMSS alumnus.
“Mr. Allen, I hope you learn your lesson. You went to the same school I went to and Mr. Connell went to,” John told the defendant, who said he graduated from the school in 2023 with six subjects, including maths and English.
“You can’t say you were not given an opportunity. And based on your interaction with the court, you sound like a very intelligent young man. So, use your intelligence in a productive way and not for a life of crime. You cannot say you were not given a second chance,” John told Allen, adding that the court had been lenient with him.
A police officer, apparently noticing that Allen was crying, handed him a paper towel that he used to wipe his eyes.
Allen, who spent two nights in prison while awaiting his sentencing, told the court that he was “not good”.
“The place you send me ain’t for me. It feels very uncomfortable,” he said after John asked him why he was not good.
Allen told the court that where he slept in prison as well as the food and everything was not good.
“If an inmate could tell me round there is not for me, then round there is not for me,” Allen told the court.
However, Allen will have to come up with EC$10,015 in two months if he is to avoid three-month prison sentences in connection to fines and compensation that the court ordered him to pay.
Additionally, if he commits another offence within the next six months, he will serve a nine-month prison sentence.
On Monday, Allen pleaded guilty to nine theft charges amounting to EC$9,015, representing the EC$9,000 he withdrew from Ralph Williams’s bank account as well as the value of his ATM card.
Allen was unrepresented at his arraignment, during which Williams asked the court not to jail him, saying that doing so would cause embarrassment to the community.
Instead, the virtual complainant asked the court to order Allen to pay him compensation and give him time to do so.
Connell was in court on Monday when Allen was arraigned.
Allen had told the court that he had used some of the stolen money to buy New Balance sneakers.
Connell, who was sitting at the bar table, commented that Allen was wearing Nike sneakers in court.
“This come from foreign; don’t watch it,” Allen said, and a police officer rebuked him for his tone, telling him to speak respectfully.
However, on Wednesday, Allen was represented by Connell, who told the court that Allen had expressed remorse to him for stealing the money.
The lawyer said a lesson that could be learnt from the case was not to use one’s birthday as their ATM PIN.
In a statement to police, Allen said that he knew Williams’ birth year and tried it as the PIN number and it worked.
The lawyer noted to the court that Allen, who he described as “pleasantly plump” had said that after his stay in jail he had concluded that it was not a place for him.
“I don’t think he has been there long enough to be touched, not literally, but to understand what behind those walls are about,” the lawyer said, adding that Allen was throwing himself at the mercy of the court and begging for leniency.
The lawyer said there was a breach of a degree of the trust that Williams had for Allen – who has been coming to his house since he was a child.
Connell argued that there was nothing aggravating of the offence or offender, adding that mitigating was Allen’s good character, genuine remorse, that he was relatively young and had assisted the authorities.
“I have explained to him in no uncertain terms that an act of this nature warrants a custodial sentence. I have explained to him what that means,” Connell said.
He told the court that Allen works for EC$1,600 a month and was willing to repay Williams EC$1,000 a month.
“The police have confiscated some of the purchases of choice with the money he stole. I don’t think the police have any provision for an auction and so that they are not to be put to alternative use at the police station. Those should be returned to him (Allen) once the money is going to be paid.”
Connell said that a person would say anything in the dock. He asked the court about “the old-time measure” and inquired about the number of lashes that the court used to order in such cases.
The lawyer asked Allen if he wanted to suggest to the magistrate how many strokes he should get.
“No,” Allen said.
The lawyer also suggested that the court invokes the section of the law that would immediately remove Allen’s criminal record.
“There is still hope for him and there are things going in his favour. I would not want to cut down his breadfruit tree but this act of savagery cannot be entertained and must not be repeated,” Connell said.
In response, the prosecutor, Corporal of Police Devon Bute who was called to the bar one week earlier, agreed with Connell’s assessment of the sentencing guidelines.
“But he did not mention that there was some degree of planning. It was not a one-off thing so he knew what he was doing,” the prosecutor said.
Bute said while Connell had said that Allen had expressed remorse, he did not hear him express it to the court.
“I don’t know if he expressed it to the virtual complainant,” Bute said.
He said Allen had breached the trust of a vulnerable person.
“… when taking care of people, you have to do so and not rip them off.”
The prosecutor said he agreed that the court should order compensation.
“It does not make sense that the court send him to prison and the VC cannot get back his money,” the prosecutor said.
He, however, disagreed with Connell’s suggestion that Allen’s criminal record be wiped immediately.
“… this deals with special circumstances. I don’t see any sort of special circumstances as it relates to the defendant. He planned it. He must be punished — whether a bond or a suspended sentence,” Bute said.
The magistrate sentenced Allen as follows:
- For theft on June 11, at Chauncey of Williams’ ATM card, valued at EC$15 — three months in prison suspended for three months; compensation of EC$15 by Nov. 20, 2024 or three months;
- Theft of the on June 12, at Chauncey of Williams’ ATM card, valued at EC$15 — three months in prison suspended for three months;
- Theft of EC$400 on June 11 — six months in prison suspended for six months; compensation of EC$400
- Theft of EC$600 on June 11 at Mesopotamia — six months in prison suspended for six-month; compensation of EC$600 by Dec. 13 or three months
- Theft of EC$1,000 on June 12 at Halifax Street — nine months sin prison suspended for six months, compensation of EC$1,000 in two months for three months
- Theft of EC$1,000 on June 12 at Reigate — nine months in prison suspended for six months, compensation of EC$1,000 in two months or three months.
- Theft of EC$2,1000 on June 13 — fined EC$500 to be paid in two months or three months; compensation of EC$2,000 to be paid in three months or three months in prison
- Theft of EC$2,000 on June 13 at Layou — fined $500 to be paid in two month or three months; compensation of EC$2,000 to be paid in three months or three months in prison
- Theft of EC$2,000 on June 15 at Layou — fined $500, to be paid in two months or three-month, compensation of EC$2,000 in three months or two months in prison.
The magistrate also ordered that the items of clothing can be returned to Allen after he pays the full compensation amount.
As part of his reprimand, the magistrate told Allen:
“You could have been accommodated elsewhere for a longer time … I hope you take the chance that Mr. Williams gave to you and that the court gave to you and that counsel communicated to you. I hope you use it wisely and that you do things to enhance your parents, your country and the school that we went to.”
Connell said, “Any strokes, your honour?”
“No,” the magistrate responded.
Some of the courts rolls were put clearly on show here , Collate, Understand , Assess and Assisst ,Well done ! . Did anyone notice that he will get the stuff he bought with the stolen money back ? once he has paid off his fines . This youngster is too cocky and if he is not carefull his mouth and his attitude will see him in trouble again too soon . Indeed six lashes would have gorn a long way to his benifit but we dont do that anymore .
I am only reading but this line in courts still making me shudder even now – [The lawyer noted to the court that Allen, who he described as “pleasantly plump” had said that after his stay in jail he had concluded that it was not a place for him .] I leave it at that