R v Rickie Joiner Alvarado - Sentence Judgment

¶ 260410 R v Rickie Joiner Alvarado: Ind. 67 of 2025. Coram Richards J, KC – Sentence Judgment Page 1 of 20 IN THE GRAND COURT OF THE CAYMAN ISLANDS 1 CRIMINAL DIVISION 2 3 Neutral Citation Number: [2026] CIGC (Crim) 9 4 INDICTMENT NO: 67 of 2025 5 6 7 R 8 9 V. 10 RICKIE JOINER ALVARADO 11 12 13 14 Appearances: Mr. Martin Mulgrew, Senior Crown Counsel, Office of the Director of Public 15 Prosecutions for the Prosecution 16 17 Mr. Oliver Grimwood, Samson Law for the Defence 18 19 20 Before: The Hon. Justice Cheryll Richards KC 21 22 Submissions Heard: 2nd April 2026 23 24 Sentence Judgment: 10th April 2026 25 26 27 28 29 Criminal Law – Sentencing, Robbery contrary to s.242 of the Penal Code (2022 Revision), Burglary 30 contrary to section 243 (1) (a) of the Penal Code (2022 Revision) and other offences, Application of the 31 Cayman Islands Sentencing Guidelines. 32 33 34 35 36 37 260410 R v Rickie Joiner Alvarado: Ind. 67 of 2025. Coram Richards J, KC – Sentence Judgment Page 2 of 20 SENTENCE JUDGMENT 1 2

¶ [1] The defendant is before the Court for sentencing following guilty pleas to a charge on 3 Indictment and charges in respect of a number of offences. 4 5

¶ [2] Indictment 67/2025 charges the defendant with one count of Robbery contrary to s.242 of the 6 Penal Code (2019 Revision). The particulars are that he on the 16th March 2024 robbed Bryan 7 Thomas of a wallet and its contents. The maximum penalty is life imprisonment. 8 9

¶ [3] The defendant first appeared in the Grand Court on the 25th June 2025. Following mention 10 dates for legal aid arrangements to be finalised, the defendant was arraigned on the 19th 11 September 2025. He entered a plea of guilty and pre-sentence reports were ordered. 12 13

¶ [4] On the 28th of November 2025, the sentencing was adjourned at the request of defence Counsel 14 who indicated that an application was to be made to the Summary Court that all outstanding 15 sentence matters for the defendant be transferred to this Court. The basis for this application 16 was that they are in the main offences of dishonesty and form part of a series of offences 17 committed in close proximity in time on divers dates between November 2023 and June 2024. 18 19

¶ [5] Both Counsel rely on the dicta of Dobbs J. in the case of R v. David Lobo and Others1 in which 20 the Court found that it had the power to sentence defendants charged in the Summary Court by 21 exercising the powers of a Magistrate pursuant to s.11 of the Grand Court Act (2015 Revision). 22 23 ROBBERY - THE FACTS 24 25

¶ [6] The victim was visiting the Cayman Islands on holiday. On the evening of the 16th March 2024, 26 he had been out socialising with friends in George Town. He was walking home along Mary 27 Street sometime about midnight. The defendant approached him and without warning punched 28 him in the face at least twice. The victim fell to the ground with the defendant on top of him. 29 The defendant wrestled with him and took the victim’s wallet with cash and credit cards. In the 30 1 Grand Court Unreported Judgment dated 29th March 2019 260410 R v Rickie Joiner Alvarado: Ind. 67 of 2025. Coram Richards J, KC – Sentence Judgment Page 3 of 20 course of the wrestling between the two of them, the defendant’s T-shirt came off, and he fled 1 the scene leaving his T-shirt behind. 2 3

¶ [7] The victim called 911 and was assisted to the hospital where he was treated. He sustained a 4 number of injuries including bilateral periorbital swelling to the right eye with subconjunctival 5 hemorrhage or bleeding within the eyeball. He had multiple bruises to the face, tenderness to 6 the jaw, tenderness to the chest, bruising to the left forearm, and abrasion to the right upper 7 limbs. His eye socket was not fractured. The prosecution has provided a photograph of the 8 victim showing the injuries to his eye and face. 9 10

¶ [8] The T-shirt left at the scene was tested and DNA matching that of the defendant was found on 11 it. The defendant was also identified from Closed Circuit Television (“CCTV”) footage. In 12 interview with the police following his arrest he denied the offending and gave an account of 13 being on Mary Street at the time and seeing the victim being attacked by a group of men. 14 15 ANTECEDENT HISTORY 16 17

¶ [9] The defendant has an antecedent history of six previous convictions for burglaries between 18 2019 and 2022. Suspended sentences of 18 months and 24 months imprisonment which were 19 initially imposed in respect of three of those burglaries were activated. The defendant also has 20 a conviction for theft and others for drug offences. 21 22 SOCIAL INQUIRY REPORT 23 24

¶ [10] The Department of Community Rehabilitation (“DCR”) has provided a Social Inquiry Report, 25 (“SIR”) dated the 21st November 2025 in respect of the defendant. The Court has read and 26 considered this Report in its entirety and takes into account everything said therein in favour 27 of the defendant. 28 29

¶ [11] The defendant is thirty-three years old. His background history indicates a childhood in which 30 his basic needs were met but was marked by the separation of his parents due to ethnic 31 differences. 32 260410 R v Rickie Joiner Alvarado: Ind. 67 of 2025. Coram Richards J, KC – Sentence Judgment Page 4 of 20 1

¶ [12] His mother migrated to the Cayman Islands when he was in his early twenties. The defendant 2 migrated here in April 2018 and obtained employment but was very shortly thereafter arrested 3 for burglary. 4 5

¶ [13] The defendant has worked at various odd jobs but in the main was supported by his mother and 6 his stepfather. The defendant spent his earnings on drugs and alcohol. He was a victim of a 7 stabbing incident which led to him requiring two surgeries on his hand. 8 9

¶ [14] At an early age he began using ganja and in later years crack cocaine. This use continued when 10 he migrated to the Cayman Islands and he also has a habit of misusing alcohol. 11 12

¶ [15] In May 2021 the defendant made an attempt at rehabilitation at the Caribbean Haven 13 Residential Treatment Centre, but this was curtailed due to his use of ganja on the premises. 14 The defendant reports that since being on remand he has abstained from using alcohol. 15 16

¶ [16] The Probation Officer notes that the defendant’s offending behaviour indicates a pattern of 17 acquisitive offending in order to support his addiction. The instant offending is said to be an 18 escalation in seriousness. While in custody it is reported that the defendant has accumulated 19 numerous disciplinary charges and that there have been seventeen adjudications for breaching 20 prison rules. The last such was in September 2025. There have been no recent issues with his 21 behaviour. The Probation Officer says that the motivation for this offending is to support 22 dependency on alcohol or drugs. The Officer also says that the defendant demonstrated limited 23 victim empathy. He recognised the impact on the victim and that his actions were wrong. 24 However, he sought to justify his behaviour. The defendant’s risk of reoffending is assessed as 25 very high with six of the eight criminogenic factors above the medium level. 26 27 THE SUBMISSIONS 28 29

¶ [17] Counsel for the prosecution submits that under the Cayman Islands Sentencing Guidelines for 30 Robbery this offending is Category 2 B with a starting point of 3 years and 6 months custody 31 260410 R v Rickie Joiner Alvarado: Ind. 67 of 2025. Coram Richards J, KC – Sentence Judgment Page 5 of 20 and a range of sentence of 2 to 5 years custody. Counsel submits that the aggravating factors 1 are that the victim was a visitor to the Island and the defendant’s antecedent history. 2 3

¶ [18] Defence Counsel accepts the category of harm but disagrees that it is culpability B. Counsel 4 submits that it is culpability C under the Guidelines because there is one factor in that category 5 which is present. This is that there was little or no planning. It is said that that this offending 6 was opportunistic. The defendant was with his partner, saw the victim walking along the road 7 and heading into the car park, a more secluded area away from the public road and simply 8 followed him to take advantage of this. 9 10 THE SENTENCE – ROBBERY 11 12

¶ [19] The Court accepts the submission that this offending falls into the level of Category 2 C. It 13 was opportunistic. However, it does have the added feature of the use of more than minimal 14 force. It is very likely at the very top of this Category or the bottom of the next. 15 16

¶ [20] From a starting point of 2 years or 24 months custody for Category 2 C it is aggravated by the 17 fact of the defendant’s multiple previous convictions for dishonesty and the fact that the victim 18 was a tourist. These serve to aggravate the offending by 16 months for a total sentence of 40 19 months custody. 20 21

¶ [21] In mitigation everything said and written in the defendant’s favour is taken into account. He is 22 remorseful. He has acknowledged his drug addiction and made efforts at drug rehabilitation. 23 Although these have not been successful in the past, he is said by his Counsel to have the desire 24 and potential for change and to be conscious of the harm that he is causing to others. Counsel 25 notes that prior to charge 2194/2025 in June 2024, the defendant was a trusted prisoner and had 26 a role of responsibility as a cleaner in the Prison. All the defendant’s personal circumstances 27 are considered. The sentence is reduced by reason of all the mitigating factors by 4 months to 28 one of 36 months. 29 30 31 32 260410 R v Rickie Joiner Alvarado: Ind. 67 of 2025. Coram Richards J, KC – Sentence Judgment Page 6 of 20

¶ [22] The defendant is given full credit for his guilty plea of one third for a final sentence of 24 1 months imprisonment. 2 3

¶ [23] The defendant also falls to be sentenced for eight sets of offences to which he entered pleas in 4 the Summary Court. They are as follows: - 5 6 (1) Charge 568/2024 (1) + (2)– 14th November 2023 – Attempted Burglary contrary to section 243 (1) 7 (a) of the Penal Code (2022 Revision) and Damage to Property contrary to section 267 (1) (a) of the 8 Penal Code (2022 Revision). 9 10

¶ [24] The particulars of Charge 1 are that he on the 11th November 2023 attempted to enter a building 11 namely National Trust of the Cayman Islands, 558A South Church Street, George Town, Grand 12 Cayman as a trespasser with intent to steal therein. 13 14

¶ [25] The particulars of Charge 2 are that he on the 11th day of November 2023 at number 558A 15 South Church Street, George Town, Grand Cayman without lawful excuse destroyed the front 16 entry door and two windows of a value less than CI $3000.00, the property of the National 17 Trust of the Cayman Islands intending to destroy such property or being reckless as to whether 18 such property would be destroyed. 19 20

¶ [26] The Summary of Facts and background information provided by the prosecution is as follows: 21 - 22 23 i) On 14th November 2023 at 6:40 a.m., a member of staff of the Trust observed a 24 broken door moulding on the front entry door of the offices of the National Trust. 25 It appeared to show that someone attempted to gain entry to the office, but the door 26 was locked and the alarm was still set. The alarm was a ring doorbell camera. 27 28 ii) On arrival at the location, Mr. Frank Roulstone, the Executive Director of 29 the National Trust of the Cayman Islands, checked the video footage from the ring 30 doorbell camera and saw that on at 8:11 a.m. on the 11th November, 2023, a male 31 (later identified to be the defendant) was making an attempt to enter the property 32 260410 R v Rickie Joiner Alvarado: Ind. 67 of 2025. Coram Richards J, KC – Sentence Judgment Page 7 of 20 of the National Trust of Cayman Islands located at the said address. The defendant 1 tried to open the door and windows of the front porch without success. 2 3 iii) He was observed using a large rock to break the window of a door on the northern 4 side of the building and attempting to break into the building through the front door 5 and windows. 6 7 iv) On 15th November 2023, DC Vincent Mitchell went to the scene of the crime and 8 viewed the CCTV footage. DC Mitchell recognised the male in the footage as the 9 defendant. 10 11 v) On 11th April 2024, the matter was first mentioned in the Summary Court and the 12 defendant was remanded in custody. 13 14 vi) The defendant was arraigned on the 20th August 2024 and entered guilty pleas. 15 16

¶ [27] The prosecution submits that the Attempt Burglary falls within the medium category. The 17 defence do not disagree that this is a Category 2 B offence under the Cayman Islands 18 Sentencing Guidelines for the offence of Burglary. 19 20 21 (2) Charge 40/2024 – 4th and 5th January 2024 – Two charges of Burglary contrary to section 243 (1(b) 22 of the Penal Code (2022 Revision) 23 24

¶ [28] The particulars of Charge 1 are that he on the 4th day of January 2024 entered a part of a 25 building, namely Rackam’s Restaurant and Bar, located at 93 North Church Street, George 26 Town, Grand Cayman, Cayman Islands, with intent to steal and stole therein one T-shirt and 27 two bottles of water of a total value of approximately $30.00. 28 29

¶ [29] The particulars of Charge 2 are that he on the 5th day of January 2024 entered a part of a building 30 namely Rackam’s Restaurant and Bar, located at 93 North Church Street, George Town, Grand 31 260410 R v Rickie Joiner Alvarado: Ind. 67 of 2025. Coram Richards J, KC – Sentence Judgment Page 8 of 20 Cayman, Cayman Islands with intent to steal and stole therein two bottles of liquor and ten 1 packs of cigarettes of a total value of approximately $250.00. 2 3

¶ [30] The Summary of Facts and background information provided by the prosecution is as follows: 4 5 i) On Friday 5th January, 2024 at 1:39 a.m., the victim was at home when his phone 6 was activated by one of the CCTV cameras that covered the gift shop at his 7 business (Rackam’s Restaurant & Bar) located at 93 North Church Street, George 8 Town. The victim viewed the footage from his phone and saw that a male (later 9 identified to be the defendant) had forced open the outer metal gate and then 10 pushed open the lower portion of the stable door and entered the gift shop. The 11 victim immediately contacted 911 and reported the matter to the police. 12 13 ii) The victim observed the defendant sitting at the desk and going through the 14 drawers. The defendant was seen taking a bottle of water from the refrigerator 15 which he drank. The defendant then exited the gift shop. Before leaving, the 16 defendant took a small T-shirt which he used to cover his face. The value of the 17 items (T-shirt and bottles of water) is CI$30.00. 18 19 iii) This incident was captured by CCTV footage which was later viewed by Detective 20 Constable Vincent Mitchell who recognised the burglar as the defendant whom he 21 had known for over three years. 22 23 iv) During the review of the CCTV footage, it was discovered that on 4th January 2024 24 at about 04:29 hours the defendant had broken into the victim’s Restaurant by 25 entering the Bar by way of the hurricane shutter. Whilst inside, the defendant stole 26 two bottles of alcoholic beverages and a quantity of cigarettes valued at 27 C1$250.00. 28 29 30 31 260410 R v Rickie Joiner Alvarado: Ind. 67 of 2025. Coram Richards J, KC – Sentence Judgment Page 9 of 20 v) The defendant was arrested by Police Constable Brian Marshall shortly thereafter 1 (1:42am) in the vicinity of the Dairy Queen store (Water Front Fish market). When 2 he was advised about the report and cautioned, he said “two water I get from the 3 Burglary”. 4 5 vi) The defendant was charged and placed before the Summary Court on the 8th 6 January 2024 where disclosure was made of the prosecution’s case and the 7 defendant was remanded in custody. 8 9 vii) On 16th January 2024, the defendant elected a Summary Court trial and entered 10 guilty pleas. He was further remanded in custody. 11 12 viii) On 25th January 2024, the defendant was bailed to reside at Caribbean Haven 13 Residential Treatment Centre. On 8th February 2024 when the defendant appeared 14 in Court, he was remanded. He appeared in court on 15th February 2024 and was 15 re-bailed to the Centre. He was again remanded on 30th April 2024, re-admitted to 16 bail on 21st May 2024 and remanded on 28th May 2024 and has been in custody 17 though to date. 18 19

¶ [31] Counsel for the prosecution submits that under the Cayman Islands Sentencing Guidelines for 20 Burglary the offending falls within the lowest and medium categories. 21 22

¶ [32] Counsel for the defence submits that the offending falls within Category 2 B. Counsel submits 23 that neither the loss nor the planning were significant and that it is accepted that the repetition 24 of the offence at the same location would be considered an aggravating factor. Counsel submits 25 that guilty pleas were entered at the earliest opportunity. 26 27 28 29 30 31 32 260410 R v Rickie Joiner Alvarado: Ind. 67 of 2025. Coram Richards J, KC – Sentence Judgment Page 10 of 20 (3) Charge 574/2024 – 7th March 2024 – Burglary - contrary to section 243 (1(b) of the Penal Code 1 (2022 Revision) 2 3

¶ [33] The particulars are that he on the 7th day of March 20242 entered a building namely the Humane 4 Society situated at number 153 South Sound Road, George Town, Grand Cayman, Cayman 5 Islands as a trespasser and stole therein a tip jar with coins amounting to approximately $70.00. 6 7

¶ [34] The Summary of Facts and background information provided by the prosecution is as follows: 8 9 i) On 1st March 2024 at about 6:00 a.m., staff began arriving at the Humane Society 10 building situated at 153 North Sound Road, George Town. At about 9: 00 a.m., a 11 tip jar with $70.00 inside it was discovered missing. 12 13 ii) On 7th March 2024, Barrie Martin, Manager at the Humane Society, returned from 14 abroad and viewed the CCTV footage. He observed the burglar (later identified to 15 be the defendant) entering the front door to the building at 6:19 a.m. on 1st March 16 2024 and going into the cash drawer where the tip jar was kept. The defendant then 17 left at about 6:22 a.m. 18 19 iii) On 13th March 2024, DC Valentine Reid viewed the footage and identified the 20 burglar as the defendant. 21 22 iv) On the 30th April 2024, the matter was first mentioned in the Summary Court and 23 disclosure was made of the prosecution’s case. On the 28th May 2024, the 24 defendant elected Summary Court trial and was arraigned and pleaded guilty. 25 26

¶ [35] Counsel for the prosecution said that it is of note, that the defendant was once employed at the 27 Humane Society and has a conviction for burglarising it in 2019. Additionally, the defendant 28 was on bail when he committed this offence. 29 30 2 The correct date is 1st March 2024 260410 R v Rickie Joiner Alvarado: Ind. 67 of 2025. Coram Richards J, KC – Sentence Judgment Page 11 of 20

¶ [36] The defence accept that this offence is Category 2B offending under the Guidelines. Counsel 1 for the defence submits that this was opportunistic and the loss was low value. It is accepted 2 that this offence was committed while the defendant was on bail. Guilty pleas were said to have 3 been entered at the first opportunity. 4 5 (4) Charge 1708/2024 – 31st March 2024 – Attempted Theft contrary to sections 241 and 319 of the 6 Penal Code (2022 Revision) 7 8

¶ [37] The particulars of this offence are that he on Sunday the 31st March 2024 at Plaza Venezia, #38 9 North Sound Road, George Town, Grand Cayman, Cayman Islands attempted to steal property 10 belonging to Omar Anthony Douglas. 11 12

¶ [38] The Summary of Facts and background information provided by the prosecution is as follows: 13 - 14 i) On 31st March 2024 at about 5:00 p.m., the victim saw the defendant who was at 15 the time unknown to him inside his Isuzu truck which was parked in Plaza Venezia 16 situated at #38 North Sound Road. 17 18 ii) The victim observed the defendant searching his car. Upon exiting the car, the 19 defendant told the victim that “he was struggling and looking for loose change”. 20 The victim told the defendant that he was going to call 911 and he did. 21 22 iii) Thereafter, the defendant pulled out a pair of scissors and walked towards the 23 victim with it. Fearing for his safety, the victim took up a rock with a view to 24 defending himself. This caused the defendant to put his scissors away and to leave 25 the scene. 26 27 iv) The victim later provided CCTV footage of the incident from which PC Seymour 28 was able to recognise the defendant. 29 30 31 260410 R v Rickie Joiner Alvarado: Ind. 67 of 2025. Coram Richards J, KC – Sentence Judgment Page 12 of 20 v) On 8th October, 2024, the matter was first before the Summary Court and disclosure 1 was made of the prosecution’s case. 2 3 vi) On 14th November 2024, the defendant elected a Summary Court trial, was 4 arraigned and entered a plea of guilty. 5 6 vii) The defendant committed this offence whilst on Court bail. 7 8

¶ [39] Both Counsel agree that this offence is Category 4 C under the Guidelines for the offence of 9 Theft. The defence note that the offence took place prior to these Guidelines coming into force 10 but accept that notwithstanding this they are a useful tool to assess criminality. Counsel for the 11 defence also accepts that this offending took place while the defendant was on bail and that it 12 is an aggravating feature that a weapon was brandished after the offence had taken place. 13 14 (5) - Charge 576/2024 – 1st April 2024 – Burglary contrary to section 243 (1(b) of the Penal Code (2022 15 Revision) 16 17

¶ [40] The particulars are that he on the 1st day of April 2024 together with another entered the 18 building namely the Reflections Hemp and Tobacco store located at number 174 North Church 19 Street, George Town, Grand Cayman, Cayman Islands as a trespasser and stole therein 20 approximately $500.00 in cash and an unspecified quantity of vape pens. 21 22

¶ [41] The facts are that on the day in question the defendant entered the store and stole $500.00 from 23 the cash register while the cashier went to the restroom. He was identified from CCTV footage 24 by an officer who recognised him and he also admitted to the offending in interview with the 25 police. 26 27

¶ [42] Defence Counsel accepts that this is a Category 2 B offence and submits that it was 28 opportunistic and unsophisticated. The defendant entered the store with his face uncovered. 29 Staff were not in the public part of the store and so the defendant approached the till, opened it 30 and took from it cash and vapes. It is accepted that it is aggravated by the fact that the offence 31 took place while the defendant was on bail. 32 260410 R v Rickie Joiner Alvarado: Ind. 67 of 2025. Coram Richards J, KC – Sentence Judgment Page 13 of 20 (6) - Charge 843/2024 – 6th April 2024 - Burglary contrary to section 243 (1(b) of the Penal Code (2022 1 Revision) 2 3

¶ [43] The particulars are that he on the 6th of April 2024 entered the building, namely, the garage 4 situated at 9 Watlers Road, George Town, Grand Cayman as a trespasser and stole therein a 5 turquoise Huffy bicycle. 6 7

¶ [44] The Summary of Facts and background information provided by the prosecution is as follows: 8 - 9 10 i) On Saturday 6th April 2024, the victim left her bicycle in the garage at 9 Watlers 11 Road, George Town. The garage was not secured but was covered by CCTV 12 cameras. 13 14 ii) On Monday 8th April 2024, at about 4:45 a.m., the victim discovered that her 15 bicycle was missing. She later obtained the CCTV footage from her landlord. 16 When the footage was viewed, a male (later identified as the defendant) was seen 17 entering the garage on 6th April 2024 at 20:56 hours (10:56 p.m.) and removing the 18 victim’s bicycle valued at $200.00. 19 20 iii) The footage was later viewed by PC Clarke who positively identified the burglar 21 as the defendant. 22 23 iv) The defendant committed this offence whilst on Court bail. 24 25 v) The matter was first mentioned in Court on the 28th May 2024, and disclosure of 26 the prosecutions’ case was made. 27 28 vi) On 6th August 2024, the defendant elected Summary Court trial and entered a not 29 guilty plea. 30 31 260410 R v Rickie Joiner Alvarado: Ind. 67 of 2025. Coram Richards J, KC – Sentence Judgment Page 14 of 20 vii) The matter was subsequently placed on the trial list for 1st October 2024 and 28th 1 January 2025 respectively but was adjourned at the request of the defence. 2 3 viii) On 25th February 2025, being the third trial date, the defendant was re-pleaded and 4 he entered a guilty plea. 5 6

¶ [45] Counsel for the defence submits that this is a Category 2 B offence, the offending was 7 opportunistic and the loss was low in value. It is accepted that the offending took place while 8 the defendant was on bail and that guilty pleas were only entered after the trial date was set. 9 10 (7) - Charge 575/2024 – 8th April 2024 – Burglary contrary to section 243 (1(b) of the Penal Code 11 (2022 Revision) 12 13

¶ [46] The particulars of this offence are that he on the 8th day of April 2024 entered the building, 14 namely, the Popo Jebs Restaurant and Bar situated at 226 North Church Street, George Town, 15 Grand Cayman, Cayman Islands as a trespasser and stole therein $100.00 in cash, 1 bottle of 16 Johnny Walker gold label whiskey, a bottle of Hennessy whiskey and ten packs of Marlborough 17 cigarettes totaling $350.00 in value. 18 19

¶ [47] The Summary of Facts and background information provided by the prosecution is as follows: 20 - 21 22 i) On the 8th April, 2024 at about 3:00 a.m., while a staff meeting was in progress on 23 the second floor of the Restaurant building, a loud noise was heard coming from 24 the ground floor. Some of the staff members looked over the balcony and saw a 25 man walking away from the building. One staff member went down to the ground 26 floor to investigate and realised that a section of the glass to the right of the building 27 had been broken. Jay Cruz, the Manager, who was at the location called 911 and 28 reported the incident. He then ensured that all the doors were locked before he 29 armed the building and left the location. 30 31 260410 R v Rickie Joiner Alvarado: Ind. 67 of 2025. Coram Richards J, KC – Sentence Judgment Page 15 of 20 ii) Later that morning at about 5:00 a.m., Mr. Cruz checked the CCTV cameras from 1 his home monitors and saw a man (later identified as the defendant) inside the Bar 2 removing items such a bottle of Hennessy whisky and a bottle of Johnny Walker 3 gold label whisky. He immediately called 911 and reported the matter. 4 5 iii) It was later discovered that a section of glass to the right of the building had been 6 broken in order to gain access. Other items stolen were cash in the sum of $100.00 7 and ten (10) packs of Marlborough cigarettes valued at $120.00. The cost to repair 8 the glass is $1,500.00. 9 10 iv) On 9th April 2024, Acting DI Riley viewed the CCTV footage and identified the 11 burglar as the defendant. 12 13 v) The defendant committed this offence whilst he was on bail. 14 15 vi) The matter was first mentioned in the Summary Court on the 30th April 2024 and 16 disclosure was made of the prosecution’s case. 17 18 vii) On 28th May 2024, the defendant elected Summary Court trial and was arraigned 19 and pleaded guilty. 20 21

¶ [48] Counsel for the defence submits that this offending falls into Category 2 B of the sentencing 22 Guidelines and that the value of the items taken is comparatively low but accepts that the cost 23 to repair the damage to the property caused in order to gain entry is an aggravating feature as 24 is the fact that the offence was committed while the defendant was on bail. 25 26 (8) - Charge 2194/26 – 16th June 2024, Common Assault contrary to section 215 of the Penal Code 27 (2024 Revision) 28 29

¶ [49] The particulars are that he on the 16th day of June 2024 at Her Majesty's Prison, Northward 30 unlawfully assaulted a Prison Officer Gerald Otieno by throwing dirty water on him. 31 32 260410 R v Rickie Joiner Alvarado: Ind. 67 of 2025. Coram Richards J, KC – Sentence Judgment Page 16 of 20

¶ [50] The Summary of Facts and background information provided by the prosecution is that: - 1 i) On 16th June 2024, the victim (G.O), a Prison Officer, was at His Majesty’s Prison 2 (HMP, Northward) performing his usual patrolling duties when he saw the 3 defendant inside Dorm B (wing) using the telephone. The defendant was not 4 permitted to be on that wing. The victim asked the defendant to vacate the area, 5 but he replied, “Leave me alone”. 6 7 ii) The victim left Dorm B and went to the Office and retrieved a charge sheet to place 8 the defendant on a disciplinary report. Whilst in the office writing the report, the 9 defendant passed by the office window and said, “you want to charge me?” The 10 defendant then grabbed a bucket with dirty water, bleach and pine sol and threw it 11 on the victim through the office window. This caused the left side of the victim to 12 become soaked and some of the water entered his left eye. 13 14 iii) On 18th November 2024, the defendant was interviewed under caution in the 15 presence of his Attorney-at-Law and a Spanish Interpreter. During the interview 16 he stated that the two (2) telephones on his section were already in use and so he 17 went to the other wing to call his mother which he did. The victim was behind him 18 watching everything that he was doing. The victim told him to get his “a..” from 19 the wing as none of his family wanted to speak to him. He said that the victim told 20 him to leave but he did not do so immediately. Thereafter, he saw the victim filling 21 out the paperwork used to charge inmates, so he became angry and took up the 22 bucket of water and threw it at the sheet that the victim was filling out. 23 24 iv) The defendant was subsequently charged for Common Assault and placed before 25 the Court on 25th February 2025. The defendant was arraigned on the 10th June 26 2025 and entered a not guilty plea. 27 v) On 31st July 2025, the defendant was repleaded and entered a guilty plea on the 28 basis of recklessness. 29 30 260410 R v Rickie Joiner Alvarado: Ind. 67 of 2025. Coram Richards J, KC – Sentence Judgment Page 17 of 20

¶ [51] Counsel for the defence submits that this is a Category 3 offence under the relevant Guidelines 1 being one of lesser harm and lower culpability. It is accepted that the victim was performing a 2 public duty. Counsel submits that this was an isolated incident. 3 4 THE SENTENCES 5

¶ [52] Adopting the agreed starting points in each case and considering aggravating and mitigating 6 factors and credit for guilty plea the proposed sentences areas set out in the below Table: - 7 8 Table 9 10 Date Offence Starting Point Aggravating Factors Increase for Aggravating factors to Decrease for Mitigating Factors by Decrease for Guilty plea by Total Sentence - Imprisonment 1 14th November 2023 – Charge 568/24 – (1) Attempted Burglary Community Based sentence Previous Convictions 12 months 3 months 3 months 6 months Consecutive Charge 568/24 – (2) Damage to Property No separate penalty 2 4th and 5th January 2024 – Charge 40/24 1)Burglary Community Based sentence Previous Convictions 12 months 3 months 3 months 6 months 2) Burglary Community Based sentence Previous Convictions + Burglary of same premises – charge 2 15 months 3 months 4 months 8 months Consecutive 3 7th March 2024 - Charge 574/24 Burglary Community Based sentence Previous Convictions +previous burglary of this premises 2019 offence. 18 months 3 months 5 months 10 months Consecutive 260410 R v Rickie Joiner Alvarado: Ind. 67 of 2025. Coram Richards J, KC – Sentence Judgment Page 18 of 20 Committed while on bail 4 31st March 2024 – Charge 1708/24 Attempted Theft Fine Previous Convictions Committed while on bail Weapon brandished 8 months 2 months 2 months 4 months 5 1st April 2024 – Charge 576/24 Burglary Community Based sentence Previous Convictions Committed while on bail 18 months 3 months 5 months 10 months 6 6th April 2024 – Charge 843/24 Burglary Community Based sentence Previous Convictions Committed while on bail 18 months 3 months * 10% 13 and ½ months Consecutive 7 8th April 2024 – Charge 575/24 Burglary Community Based sentence Previous Convictions Committed while on bail Repair cost 21 months 3 months 6 12 months 8 16th June 2024 – Charge 2194/24 Common Assault Fine Victim – public duty 3 months 3 weeks 3 weeks 6 weeks Consecutive 1 2 Concurrent / Consecutive Sentences 3

¶ [53] Paragraph 6 of the Cayman Islands Sentencing Guidelines with respect to concurrent and 4 consecutive sentences provides as follows: 5 6 “6.1 Concurrent Sentences 7 It is wrong in principle to impose sentences to run consecutively where those 8 offences, though distinct in law, arose out of a single act so that the overall 9 criminality for the offender can be represented by concurrent sentences. 10 Concurrent sentences will ordinarily be appropriate where: 11 (a) Offences arise out of a related incident or facts. 12 (b)There is a series of offences of the same or similar kind especially when 13 committed against the same victim. 14 15 260410 R v Rickie Joiner Alvarado: Ind. 67 of 2025. Coram Richards J, KC – Sentence Judgment Page 19 of 20 Where concurrent sentences are passed, the sentence should reflect the 1 overall criminality involved. The sentence should be appropriately 2 aggravated by the presence of the associated offences and thus the court 3 may increase sentence for the principal offence to reflect the gravity of 4 conduct: 5 6 6.2 Consecutive Sentences 7 Consecutive sentences will ordinarily be appropriate where: 8 a) Offences arise out of unrelated facts or incidents. 9 b) Offences are of the same or similar kind, but where the overall 10 criminality will not sufficiently be reflected by concurrent sentences 11 for example: 12 i. Where offences are committed against different victims. 13 ii. Where sexual offences or domestic violence are 14 committed against the same individual. 15 iii. Where the offender commits the same or similar offence 16 after being arrested for the original offence. 17 iv. Where the maximum penalty available for the most 18 serious offence is too low to enable the court to reflect the 19 overall seriousness of the offences taken as a whole. 20 …” 21 22 23

¶ [54] This is a case of multiple offending and different victims over a long period of time. The 24 defendant committed the same or similar offences after being arrested and bailed. 25 26

¶ [55] The overall seriousness of the offences taken as a whole requires the imposition of consecutive 27 sentences. Consequently, the sentence for the most serious offending for each month will run 28 consecutively to the sentence for the offence of Robbery and to each other for a total sentence 29 of 63 months. The Court has considered whether the proposed sentence is proportionate to the 30 offending and concludes that it is. 31 32

¶ [56] Firstly, this was a street robbery involving a tourist with more than a low level of violence. 33 While the burglaries were at a low level and sometimes opportunistic, they were persistent and 34 on a scale that calls for a deterrent sentence and a sentence which protects the public by 35 separating the offender from society. The defendant targeted a number of small businesses, 36 some more than once. It is accepted that his addictions are at the level where he requires urgent 37 and sustained rehabilitative intervention. The Probation Officer also notes that he will need to 38 make intentional positive changes to his lifestyle and address his thoughts, beliefs and attitudes 39 260410 R v Rickie Joiner Alvarado: Ind. 67 of 2025. Coram Richards J, KC – Sentence Judgment Page 20 of 20 which support his offending behaviour. Until rehabilitation is successfully achieved, he will 1 continue to pose a serious risk of reoffending. While in custody, the defendant should receive 2 assistance for his addictions and such rehabilitative interventions which are available on a 3 consistent basis. 4 5

¶ [57] The sentence is thus 63 months imprisonment. Time served is to be deducted. 6 7 Dated this the 10th day of April 2026 8 9 The Hon. Justice Cheryll Richards KC 10 Judge of the Grand Court 11