R v Dorian Dolan Hunter - Sentence Judgment

¶ 250926 R v Dorian Dolan Hunter: Ind. 79 of 2024. Coram Richards J, KC – Sentence Judgment Page 1 of 10 IN THE GRAND COURT OF THE CAYMAN ISLANDS 1 CRIMINAL DIVISION 2 Neutral Citation Number: [2025] CIGC (Crim) 51 3 INDICTMENT NO: 79 of 2024 4 5 6 R 7 8 V. 9 10 DORIAN DOLAN HUNTER 11 12 13 14 Appearances: Mr. Alexander Barbour, Senior Crown Counsel, Office of the Director of 15 Public Prosecutions for the Prosecution 16 17 Mrs. Lee Halliday-Davis of Brady Law for the Defence 18 19 20 Before: The Hon. Justice Cheryll Richards KC 21 22 Submissions Heard: 29th April 2025, 26th September 2025 23 Sentence Judgment: 26th September 2025 24 25 26 27 28 29 Criminal Law - Sentencing- Theft contrary to section 235 of the Penal Code (2022 Revision)- Application 30 of the Cayman Islands Sentencing Guidelines 31 32 33 34 35 36 250926 R v Dorian Dolan Hunter: Ind. 79 of 2024. Coram Richards J, KC – Sentence Judgment Page 2 of 10 SENTENCE JUDGMENT 1 2

¶ [1] The defendant is before the Court for sentencing. He pleaded guilty on the first day of his trial, 3 on the 28th January 2025 to the single offence of Theft contrary to s.235 of the Penal Code 4 (2022 Revision). The plea followed the amending of the Indictment which had initially charged 5 two counts of Obtaining Property by Deception from two separate complainants. Theft was 6 added as a third Count. 7 8

¶ [2] The particulars of the offence of Theft are that he between the 6th day of February 2023 and the 9 28th day of February 2023, within the jurisdiction of the Cayman Islands, stole CI $10,375.00 10 belonging to Tyson Ardin McCoy. 11 12

¶ [3] The maximum sentence is 10 years imprisonment. 13 14

¶ [4] The Prosecution indicates that they will not proceed on Counts 1 and 2 of the Indictment and 15 have asked that they lie on the file. This is so ordered. 16 17 THE FACTS 18 19

¶ [5] The prosecution has provided a summary of the facts. On the 6th February 2023, the defendant 20 attended the home of the victim and offered to sell him a Honda motor vehicle for the sum of 21 CI $14,000. The victim, Mr. McCoy test drove the vehicle and agreed to purchase it on terms 22 of $4,000 in cash as a downpayment and the balance by way of a banker’s draft. On the 8th 23 February 2023, Mr. McCoy made the cash payment and on the 9th February provided the 24 banker’s draft. The defendant handed to Mr. McCoy a Certificate of Vehicle Ownership which 25 gave no indication that the vehicle had a lien or financial encumbrance. Additionally, the 26 defendant signed to a written bill of sale drafted by Mr. McCoy which represented that the 27 vehicle was unencumbered. 28 29 30 31 250926 R v Dorian Dolan Hunter: Ind. 79 of 2024. Coram Richards J, KC – Sentence Judgment Page 3 of 10

¶ [6] At the time of the purchase Mr. McCoy was not aware that the Certificate with which he was 1 presented was no longer valid and that on the 5th May 2022, the Cayman Islands Credit Union 2 had registered a lien on the vehicle. At the time of Mr. McCoy’s purchase, the institution was 3 already in the process of re-possessing the vehicle. 4 5

¶ [7] Mr. McCoy remained in possession of the vehicle until the 23rd March 2023, when the vehicle 6 was seized by the Credit Union. He lost both the vehicle and the funds which he had paid to 7 the defendant. 8 9

¶ [8] Between the 25th March 2023 and the 24th May 2024, the defendant repaid $3,875 in small 10 installments to Mr. McCoy leaving a balance of $10,375. The Certificate of Vehicle 11 Ownership, the Bill of Sale and the Sales Agreement were tendered and received in evidence 12 for the purpose of this hearing as Exhibits 1 to 3. 13 14 VICTIM IMPACT REPORT 15 16

¶ [9] The Department of Community Rehabilitation (“DCR”) has provided a Victim Impact Report 17 dated 4th April 2025. The Probation Officer concludes that the victim was most impacted at the 18 physical and financial levels. The repossession of the vehicle caused him to be without 19 transportation to get to and from his medical appointments for two months. He was in need of 20 transport to get to and from those appointments having recently been in a traumatic incident as 21 a result of which one of his legs had been amputated. 22 23 ANTECEDENT HISTORY 24 25

¶ [10] The defendant has an antecedent history of multiple offences of Rape, Indecent Assault and 26 Handling Stolen Goods. For the five convictions for Handling Stolen Goods he was sentenced 27 in 2020 to 13 months imprisonment. 28 29 30 31 32 250926 R v Dorian Dolan Hunter: Ind. 79 of 2024. Coram Richards J, KC – Sentence Judgment Page 4 of 10 SOCIAL INQUIRY REPORT 1 2

¶ [11] The DCR has provided a Social Inquiry Report dated 12th March 2025 (“SIR”). The Court has 3 read the report in its entirety and takes into account everything said therein in favour of the 4 defendant. He is forty-three years old. He is married with one step-child. He grew up in Cayman 5 Brac where he now resides. He had a difficult childhood following the separation of his parents 6 when he was nine years of age. This affected his schooling and caused some delays. He was 7 supported by his maternal aunt and was able to complete high school, graduating with 8 distinctions in two subjects. His employment history progressed well until 2009 when he was 9 incarcerated for sexual offences. He participated in work release programmes while in Prison 10 and on license and in 2022 returned to live in Cayman Brac. 11 12

¶ [12] The defendant is assessed as being at low risk of re-offending. It is said that for the past two 13 years he has been a contributing member of the public in Cayman Brac and there is nothing to 14 suggest that he is involved in illegal activities. He has been gainfully employed and is described 15 by his employer as a valued employee who works hard and is always willing. 16 17 CHARACTER REFERENCES 18 19

¶ [13] In the course of further submissions defence Counsel provided two letters of reference to the 20 Court. 21 22

¶ [14] By letter dated the 17th September 2025, the National Drug Council writes in support of the 23 defendant. The defendant has interacted on a weekly basis with a Prevention Specialist of the 24 Council for over a year. They describe what is said to be his steady progress, commitment and 25 continued efforts to build a stable and meaningful life. It is said that he has taken responsibility 26 for his past and has worked diligently to demonstrate that he is moving forward with purpose. 27 The author states: - 28 29 “It is my considered view that Mr. Hunter has made significant strides in transforming his 30 life and that he is committed to maintaining this path. His actions reflect sincerity, 31 perseverance and a genuine desire to be a responsible member of his community.” 32 250926 R v Dorian Dolan Hunter: Ind. 79 of 2024. Coram Richards J, KC – Sentence Judgment Page 5 of 10

¶ [15] The defendant’s employer in a letter dated 24th September 2025, describes the defendant as 1 doing his job with commitment and to the best of his ability. It is said that he is dependable, 2 never late, always respectful, reliable and follows instructions. 3 4 THE SUBMISSIONS 5 6

¶ [16] The prosecution submits that under the Cayman Islands Sentencing Guidelines, this is an 7 offence of high Culpability A due to the sophisticated nature and significant planning involved. 8 Counsel submits that the defendant selectively used an outdated certificate. He did not rely on 9 a single interaction to commit the fraud. Instead, he had multiple in person meetings which 10 served to establish credibility. The theft remained undetected for some time. Counsel said that 11 if it is not a Culpability A offence then it must be a high B. 12 13

¶ [17] The submission as to harm is that the value of the loss places the harm into Category 2. 14 However, there was significant additional harm to the victim because of the medical issues that 15 he was experiencing at the time. The vehicle therefore was of substantial value to him 16 regardless of his monetary loss. 17 18

¶ [18] Counsel said that this offending is either a Category 2 A or 1 B both of which have a starting 19 point of 3 years custody. 20 21

¶ [19] The starting point for a Category 2 Harm Culpability A offence is 3 years with a range of 22 sentence of 18 months to 5 years. 23 24

¶ [20] The defence submits that the culpability is at a medium rather than high level and that the 25 offending is B 2 with a starting point of 18 months custody and a range of 36 weeks to 3 years 26 custody. 27 28

¶ [21] Defence Counsel submits that this was not a sophisticated offence, the defendant simply used 29 the document he had received when he purchased the vehicle. 30 31 250926 R v Dorian Dolan Hunter: Ind. 79 of 2024. Coram Richards J, KC – Sentence Judgment Page 6 of 10

¶ [22] Counsel accepts that there was some additional harm to Mr. McCoy but urges that it is a 1 Category 2 B offence with a starting point of 18 months custody and a range of sentence of 36 2 weeks to 3 years custody. 3 4

¶ [23] Counsel also accepts that the custody threshold has been passed. 5 6

¶ [24] In mitigation Counsel submitted that the defendant pleaded as soon as the Indictment was 7 amended. He made repayments to the victim before he was arrested. He is remorseful. Counsel 8 submits that the defendant’s wife is not employed, and that he is the only financial support for 9 his wife and child as well as his elderly mother who has health and mobility issues. Counsel 10 said that his stepfather who is eighty-seven years of age, has medical problems and is unable 11 to help or assist in relation to her care. The effect upon the defendant’s family were he to be 12 incarcerated would be devastating for his family. Counsel relies on the case of R v Petherick1 13 and asks the Court to consider the interest of the child and the defendant’s family. 14 15

¶ [25] Counsel explained that the defendant had obtained a car loan through the Credit Union and was 16 unable to keep up the payments so he sold it in order to be able to do so. 17 18

¶ [26] Counsel produced documents which were received as Exhibits 4 and 5. Both are from the Credit 19 Union. Exhibit 4 in part states as follows: - 20 21 i. “Credit Union granted Mr. Dorian Hunter an auto loan of $39,900 11th April 2022. 22 See Loan Agreement and Bill of Sale (Exhibit BS/02) 23 24 ii. The Credit Union’s interest was registered with the Department of Vehicle and 25 Driver’s Licensing on 5th May 2022. (Exhibit BS/03) 26 27 iii. Due to delinquency, Mr. Hunter’s account became the subject of credit risk review 28 around December 2022. 29 30 1 [2012] EWCA Crim 2214 250926 R v Dorian Dolan Hunter: Ind. 79 of 2024. Coram Richards J, KC – Sentence Judgment Page 7 of 10 iv. During this review it was identified that Mr. Hunter’s assigned government (Public 1 Works) salary deduction ceased servicing his loans. 2 3 v. In January 2023, the Credit Union contacted Mr. Hunter regarding the delinquency. 4 5 vi. Shortly after this communication on 10th January 2023, the Member provided a 6 salary deduction form to the Credit Union noting that he was employed with CUC, 7 however, on 24th February 2023, the Credit Union Accounts team advised the 8 Delinquency team that CUC had returned Mr. Hunter’s Deduction Card, without 9 as “NOT ACK”, which indicated that Mr. Hunter was not an employee of CUC. 10 (Exhibit BS/04) 11 12 vii. In March 2023 the member’s loans went in arrears two months (60 days). On 24th 13 March 2023, a repossession order was sent for the vehicle due to arrears and amidst 14 concerns that the vehicle was no longer insured. At the time of repossession, 27th 15 March 2023, the bailiff reported that the vehicle was in the possession of a Mr. 16 Tyson McCoy. (Exhibit BS/05) 17 18 viii. In March 2023 after the vehicle was repossessed, Mr. Tyson McCooy contacted 19 the Credit Union stating he had purchased the vehicle from Mr. Hunter and 20 provided copies, via email, of a Sales Agreement between himself and Mr. Hunter, 21 along with supporting documents relating to the purchase of the vehicle. (Exhibit 22 BS/06) 23 24 ix. … 25 26 x. The vehicle was sold in August 2023 and proceeds applied to reduce the loan 27 balance on 31st August, 2023. The residual balance of $1764.83 was paid by Mr. 28 Hunter on 2nd February 2024. See Account Statement for subaccount …, from 11 29 April 2022 to 02 February 2024. (Exhibit BS/08)” 30 31 32 250926 R v Dorian Dolan Hunter: Ind. 79 of 2024. Coram Richards J, KC – Sentence Judgment Page 8 of 10

¶ [27] The Court inquired as to the reason that as much as $14,000 had been received from Mr. McCoy 1 by the 9th February 2023 yet the Credit Union loan continued to be in arrears so that the vehicle 2 was repossessed in March 2023. 3 4

¶ [28] Counsel said that the defendant is willing to pay compensation at the rate of $500 per month 5 based on his current earnings. The Court expressed concern about the length of time for full 6 compensation if this was to be the rate of payment. 7 8

¶ [29] In further submissions today, Counsel said that since the last hearing, the defendant now has a 9 total of $7,000 which can be paid by Monday of next week with the balance to be paid at a later 10 date. 11 12

¶ [30] As to credit for guilty plea, the prosecution submits that this should be limited to 10% because 13 it came after multiple trial dates had been set. The defence say that the plea was entered after 14 there was an amendment to the Indictment and there should be full credit. 15 16 THE SENTENCE 17 18

¶ [31] The Court accepts the submission of the prosecution that this is an offence of medium 19 culpability and Category 1 harm due to the personal circumstances of the victim at the material 20 time. 21 22

¶ [32] The starting point is 36 months custody. 23 24

¶ [33] The defendant is not a person of good character and has previous convictions for dishonesty. 25 These factors aggravate the offending by 3 months to one of 39 months. 26 27

¶ [34] All the mitigating factors raised are accepted. These include the defendant’s remorse, family 28 circumstances, impact on his family, positive employment report, and low risk of re-offending. 29 All the factors serve to decrease the sentence by 15 months to one of 24 months. 30 31 32 250926 R v Dorian Dolan Hunter: Ind. 79 of 2024. Coram Richards J, KC – Sentence Judgment Page 9 of 10

¶ [35] It is accepted that there should be a discount for the defendant’s guilty plea. The prosecution 1 says that this came at the door of the Court and should be no more than 10%. The defence say 2 that it should be the full one third in light of the amendment which was only made on the day 3 of trial. Discussions are said to have been initiated on the weekend before the trial was due to 4 begin on the Monday morning. 5 6

¶ [36] It is noted that the defendant first appeared before the Grand Court on the 6th September 2024. 7 There had been no indication given that the defendant was minded to plead to anything. The 8 full discount is not appropriate in these circumstances, the first reasonable opportunity having 9 long passed and a trial date having been set. 10 11

¶ [37] However, in light of the amendment, the discount granted is 25% thus reducing the sentence to 12 one of 18 months custody. 13 14

¶ [38] The Court cannot accede to the recommendation of the Probation Officer that the sentence be 15 limited to community service and compensation. 16 17

¶ [39] The custody threshold is firmly passed in this case given the serious nature of the offending. 18 This was deliberate dishonesty which persisted over a period of time. The defendant claimed 19 to be seeking money to discharge his obligation to the Credit Union yet failed to do so. Again, 20 this must have been deliberate dishonesty well knowing the likely consequences for Mr. 21 McCoy. 22 23

¶ [40] The defendant has previous convictions for dishonesty for which he was sentenced only a short 24 three years before. 25 26

¶ [41] However, note is taken of his personal circumstances, the previous repayments made and the 27 offer today to continue to make repayments. 28 29

¶ [42] The aim of sentencing in this case must not only be punishment but also restitution. It is 30 important that the complainant be repaid the money which was lost. 31 32 33 250926 R v Dorian Dolan Hunter: Ind. 79 of 2024. Coram Richards J, KC – Sentence Judgment Page 10 of 10

¶ [43] Consequently, the defendants’ offer to pay compensation and to continue to work to ensure that 1 compensation is paid in full is accepted. The sentence is suspended for 2 years. 2 3 COMPENSATION ORDER 4 5

¶ [44] A Compensation Order is made pursuant to s.33 of the Penal Code (2024 Revision) in the full 6 sum of $10,375. This is to be paid to the victim through the Court Funds Office. The alternative 7 to the payment is 6 months imprisonment. It is to be paid in two installments, $7,000 of this is 8 to be paid by the 29th September 2025 and the balance of $3,375 is to be paid by the 18th 9 December 2025. 10 11 Dated this the 26th day of September 2025 12 13 The Hon. Justice Cheryll Richards KC 14 Judge of the Grand Court 15