R v Ebanks (Leonard Antonio) - Conditional Release - Judgment

¶ ```html <table> <tr> <td>IN THE GRAND COURT OF THE CAYMAN ISLANDS</td> </tr> <tr> <td>CRIMINAL SIDE</td> </tr> <tr> <td>INDICTMENT NO：0084/2010</td> </tr> <tr> <td>THE QUEEN</td> </tr> <tr> <td>V</td> </tr> <tr> <td>LEONARD ANTONIO EBANKS</td> </tr> <tr> <td>Appearances：</td> </tr> <tr> <td>DPP，Ms. Cheryll Richards Q.C. for the</td> </tr> <tr> <td>Prosecution</td> </tr> <tr> <td>Mr. Ben Tonner Q.C. instructed by Ms.</td> </tr> <tr> <td>Amelia Fosuhene of Brady for the</td> </tr> <tr> <td>Defendant</td> </tr> <tr> <td>Before：</td> </tr> <tr> <td>The Hon. Mr. Justice Charles Quin Q.C.</td> </tr> <tr> <td>Submissions heard：</td> </tr> <tr> <td>6th and 7th February 2018</td> </tr> <tr> <td>HEADNOTE</td> </tr> <tr> <td>Criminal Law-Pursuant to the Conditional Release Law 2014-Murder-</td> </tr> <tr> <td>s.14-Aggravating and Extenuating circumstances-Schedule 12 of the</td> </tr> <tr> <td>Conditional Release Law Regulations-Minimum term</td> </tr> <tr> <td>CONDITIONAL RELEASE JUDGMENT</td> </tr> </table> ```
INTRODUCTION

¶ [1] On the 8th September 2010, at #177 Birch Tree Hill Road, West Bay, Grand Cayman, Tyrone Burrell was shot and murdered.

¶ [2] The Prisoner was charged with the murder of Tyrone Burrell. The Prisoner was arraigned and pleaded not guilty.

¶ [3] The trial took place between 5th and the 22nd September 2011. On the 30th September 2011, the Prisoner was found guilty of the murder of Tyrone Burrell and sentenced to life imprisonment.

¶ [4] The Prisoner appealed to the Cayman Islands Court of Appeal (CICA). The appeal was dismissed. ## THE LAW

¶ [5] Section 182 of the Penal Code 2017 Revision provides that "Any person convicted of murder shall be sentenced to imprisonment for life". However, with the introduction of the Conditional Release Law 2014 (the Law), which came into effect on the 15th February 2016, it is now the law that, when sentencing to a term of imprisonment for life, the court shall specify the period of incarceration the prisoner shall serve before the prisoner becomes eligible to be considered for conditional release on licence. --- **Conditional Release Judgment. Ind. No. 84/2010. R v. Ebanks (Leonard Antonio). Quin J. Date: 13.02.18** Page 2 of 19
Conditional Release Law 2014 ## Section 14(1) Section 14(1) of the Conditional Release Law 2014 provides that for Murder, the period of incarceration shall be 30 years before the prisoner is eligible for conditional release unless there are extenuating or aggravating circumstances, exceptional in nature, which may cause the court to impose a lower or longer period of imprisonment. ## Section 14(1) reads:

¶ [14] (1) Notwithstanding any other Law to the contrary, when sentencing a prisoner to a term of imprisonment for life, the court shall specify the period of incarceration the prisoner shall serve before the prisoner is eligible to be considered for conditional release on licence, the period being such as the court considers appropriate to satisfy requirements of retribution, deterrence and rehabilitation, but for murder, the period shall be thirty years before the prisoner is eligible for conditional release unless there are - (a) extenuating circumstances, exceptional in nature, in which case the court may impose a lower period of incarceration; or (b) aggravating circumstances, exceptional in nature, in which case the court may impose a longer period of incarceration. (2) In making a decision under subsection (1)(a) or (b), the court shall state the extenuating circumstances or the aggravating circumstances, as the case may be. ``` ## Section 21 Section 21 of the Law provides:

¶ [21] Cabinet may make regulations prescribing all matters that are required or permitted by this Law to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Law. ``` ## Conditional Release of Prisoner Regulations 2016 In accordance with s.21, the Conditional Release of Prisoner Regulations 2016 were made on the 9th February 2016. --- **Conditional Release Judgment. Ind. No. 84/2010. R v. Ebanks (Leonard Antonio). Quin J. Date: 13.02.18** Page 3 of 19

¶ [10] Regulation 14 reads:

¶ [14] For the purpose of determining the earliest possible conditional release date in relation to a prisoner on a term of imprisonment for life, the circumstances set out in Schedule 12 shall be considered."

¶ [11] In the circumstances, I think it is necessary to set out the Introductory section of Schedule 12 of the Regulations in full as follows:

¶ [1] (1) Where a mandatory life sentence for murder is prescribed by any Law, for the purposes of section 14 of the Law the aggravating and extenuating circumstances are outlined in this schedule. (2) For offences other than murder, for the purposes of section 14 of the Law, the aggravating and extenuating circumstances may include all the relevant circumstances of the offence and or the offender. (3) For murder, the period shall be thirty years before the prisoner is eligible for conditional release unless there are extenuating or aggravating circumstances, exceptional in nature, in which case the court may impose a shorter or longer period of incarceration respectively;"

¶ [12] That language mirrors Section 14(1) of the Law.

¶ [13] Now, the aggravating and extenuating circumstances are set out in the Schedule as follows: Aggravating circumstances and extenuating circumstances

¶ [2] (1) Detailed consideration of aggravating or mitigating circumstances may result in a minimum term of any length. (2) Aggravating circumstances that may be relevant to the offence of murder include - (a) a significant degree of planning or premeditation; (b) the fact that the victim was particularly vulnerable because of the abuse of physical suffocation; (c) the fact that the victim was a public servant or performing a public duty; (d) the fact that the victim was providing a public service or performing a public duty; (e) the fact that the victim was a public servant or performing a public duty; (f) the fact that the victim was a public servant or performing a public duty; (g) the fact that the victim was a public servant or performing a public duty; (h) the fact that the victim was a public servant or performing a public duty; Conditional Release Judgment. Ind. No. 84/2010. R v. Ebanks (Leonard Antonio). Quin J. Date: 13.02.18 Page 4 of 19
```html <table> <tr> <td>1</td> <td>(i)</td> <td>abduction and sexual or sadistic conduct; and</td> </tr> <tr> <td>2</td> <td>(j)</td> <td>any other circumstances which may be considered relevant.</td> </tr> <tr> <td>3</td> </tr> <tr> <td>4</td> <td>(3)</td> <td>Extenuating circumstances that may be relevant to the offence of</td> </tr> <tr> <td>5</td> <td>murder include-</td> </tr> <tr> <td>6</td> <td>(a)</td> <td>an intention to cause serious bodily harm rather than to kill;</td> </tr> <tr> <td>7</td> <td>(b)</td> <td>lack of premeditation;</td> </tr> <tr> <td>8</td> <td>(c)</td> <td>the fact that the offender suffered from any mental disorder</td> </tr> <tr> <td>9</td> <td>or mental disability which (although not falling within</td> </tr> <tr> <td>10</td> <td>section 185(1) of the Penal Code (2013 Revision)), lowered</td> </tr> <tr> <td>11</td> <td>the offender's degree of culpability;</td> </tr> <tr> <td>12</td> <td>(d)</td> <td>the fact that the offender was provoked (for example, by</td> </tr> <tr> <td>13</td> <td>(e)</td> <td>the fact that the offender acted to any extent in self-defence</td> </tr> <tr> <td>14</td> <td>or in fear of violence;</td> </tr> <tr> <td>15</td> <td>(f)</td> <td>a belief by the offender that the murder was an act of mercy;</td> </tr> <tr> <td>16</td> <td>(g)</td> <td>the age of the offender; and</td> </tr> <tr> <td>17</td> <td>(h)</td> <td>any other circumstances which may be considered relevant”</td> </tr> <tr> <td>18</td> </tr> <tr> <td>19</td> </tr> </table> <h2>Summary of the Facts</h2> <ol start="14"> <li>In brief, Tyrone Burrell was shot in the back of the head at #177 Birch Tree Hill</li> <li>Road, West Bay, Grand Cayman, at approximately 7：30p p.m. on the 8th September</li> <li>2010.</li> <li>The Prisoner was seen approximately five seconds before the shot was fired in the</li> <li>yard, wearing black clothing and a black baseball cap and a black and white</li> <li>handkerchief around his hand.</li> <li>He was seen immediately after the shooting having come through the bushes in</li> <li>close proximity to the shooting.</li> <li>The Prisoner made a confession to the witness Arlene White that he had committed</li> <li>the</li> <li>shooting.</li> <li>There was evidence that the motive for the shooting was the belief by the Prisoner</li> <li>that Tyrone Burrell was a spy passing information to the Logwoods gang.</li> </ol> <footer> <p>Conditional Release Judgment. Ind. No. 84/2010. R v. Ebanks (Leonard Antonio). Quin J. Date: 13.02.18</p> <p>Page 5 of 19</p> </footer> ```
```markdown The Prisoner also made threats to a witness, Ms Nora Ebanks, who had seen him come through the bushes shortly after the murder. The Prisoner was 39 years of age at the time of the offence. He was born on 27th November 1970. The Prisoner did not spend any time on remand as he was serving a sentence for another offence. **CROWN SUBMISSIONS** The Crown submit that, pursuant to paragraph 2(2)(a) of Schedule 12, there was a significant degree of planning or premeditation. The Crown rely upon the fact that the Prisoner specifically dressed in black and, further, covered his hand to prevent any contamination by gunshot residue. The Prisoner also armed himself with an unlicensed illegal firearm. He rode to the scene, dropped his bike, and shot Tyrone Burrell in the back of the head. The Prisoner knew Tyrone Burrell was at the location, having seen him there earlier. He had planned to kill Tyrone Burrell due to his belief that Tyrone Burrell was a spy. The Prisoner left immediately after the murder through the bushes, which the Crown submit, was the perfect route by which to leave the scene of the crime, therefore involving a significant degree of planning and premeditation. In paragraph 2(2)(a) of Schedule 12, the Crown submit that the fact that the Prisoner armed himself with a firearm and the fact that it was a gang-related murder is another aggravating circumstance. ``` This transcription accurately reflects the content of the provided page, using Markdown for headings and paragraph structure, HTML for tables (if any were present, they are not in this text), and LaTeX for math (none present in the text).
```markdown Again under para. 2(2)(j), the Crown say the intimidation of Ms. Ebanks was a further aggravating circumstance. The Crown submit that immediately after the shooting the Prisoner saw Ms. Ebanks and said, "You lucky you didn't get your brains blown out too", and then he left. This is immediately after the shooting. Ms. Ebanks said she felt frightened and bad about what he had said. She took it as a threat. She saw him again later that day and then the Prisoner said she should not have got into it because it was nothing, and specifically, he said it does not concern her son Andrew or her daughter Marcia. The Prisoner repeated that she was lucky that she did not get her brains blown out too. He also said that she was trying very hard to 'sink him'. The Crown submit particularly that the Prisoner's later visit to Ms. Ebanks was a deliberate attempt to intimidate and threaten a witness. The Crown submit that the Prisoner was saying to Ms. Ebanks that she should not have spoken to the police and naming her children was a direct attempt to intimidate her for having spoken with the police. It is therefore submitted by the DPP that the commission of this gang-related murder, the use of a firearm, the significant amount of planning and premeditation, and the intimidation of the witness are aggravating circumstances which are ex natura. The Crown can no extenuation. The Crown can no extenuation. The Crown can no extenuation. The Crown can no extenuation. The Crown can no extenuation. The Crown can no extenuation. The Crown can no extenuation. The Crown can no extenuation. The Crown can no extenuation. The Crown can no extenuation. The Crown can no extenuation. The Crown can no extenuation. The Crown can no extenuation. The Crown can no extenuation. The Crown can no extenuation. The Crown can no extenuation. The Crown can no extenuation. The Crown can no extenuation. 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DEFENCE SUBMISSIONS ## PLANNING AND PREMEDITATION

¶ [32] In relation to planning and premeditation: Mr. Tonner QC submits that the fact that the Prisoner may have changed his clothes and that the shooting was not entirely spontaneous does not necessarily indicate significant planning and premeditation.

¶ [33] Mr. Tonner submits it is not known when the Prisoner formed the intent to shoot Tyrone Burrell, or how long elapsed between the Prisoner forming the intent to kill and pulling the trigger.

¶ [34] Mr. Tonner Q.C. points out that the Prisoner lived only a hundred yards away from the scene of the shooting, he had access to a gun and practically lived at number #177 Birch Tree Hill Road where the murder took place, which means, Mr. Tonner said, that the Prisoner could well have formed his intent to kill only minutes before without any real degree of forethought or planning. Mr. Tonner Q.C. submits that, on the evidence, the level of planning falls short of constituting "significant".

¶ [35] Mr. Tonner submits that there are cases, such as *R v Jeffers*<sup>1</sup> and *R v Ramoon and Douglas*<sup>2</sup>, where a greater level of planning was involved. <sup>1</sup> Indictment 60 & 61/2010 <sup>2</sup> Indictment 53/2015 --- **Conditional Release Judgment. Ind. No. 84/2010. R v. Ebanks (Leonard Antonio). Quin J. Date: 13.02.18** Page 8 of 19
USE OF AN ILLEGAL FIREARM

¶ [36] Turning to the use of an illegal firearm, Mr. Tonner submits that the use of the gun is not unusual in cases of murder in the Cayman Islands. Mr. Tonner relies on Henderson J's dicta in *R v Tareek Ricketts*<sup>3</sup>, and quotes the passage where Henderson J said: "It could hardly be said that the use of an unlicensed firearm, in and of itself, is unusual or uncommon."

¶ [37] Furthermore, Mr. Tonner submits, that the Legislative Assembly could have listed it as an aggravating circumstance in Schedule 12. ## GANG RELATED

¶ [38] I turn now to the submission of "gang related" and the defence submissions.

¶ [39] Mr. Tonner submits that the court did not find as a fact that this was a gang-related murder.

¶ [40] The defence submits that the court must find, beyond all reasonable doubt, that it is a gang-related murder before it can be used as an aggravating factor. Mr. Tonner submits that the court cannot be sure that this is a gang-related murder. Furthermore, even if it is a gang-related murder, the fact that many of the murders and shootings are gang-related means that it is not sufficiently unusual so as to make it an exceptional circumstance. --- <sup>3</sup> Ind. 114/2012 **Conditional Release Judgment. Ind. No. 84/2010. R v. Ebanks (Leonard Antonio). Quin J. Date: 13.02.18** Page 9 of 19
INTIMIDATION OF THE WITNESS

¶ [41] Turning to the intimidation of the witness, Mr. Tonner quite properly submits that this is a matter for the court. # PREVIOUS CONVICTIONS

¶ [42] Mr. Tonner highlights the fact that many of the offences were for crimes of minor violence.

¶ [43] Furthermore, the Prisoner instructs leading counsel that the vast majority of his previous convictions were as a result of his serious drug habit and addiction and that they were not gang related. # ANALYSIS AND CONCLUSION ## PARA. 2(2)(A) OF SCHEDULE 12 — THE PREPLANNING AND PREMEDITATION

¶ [44] The main Crown witness in this case was Arlene White, who was a work permit holder and was the maid/cook at Travis Bodden's yard at #177 Birch Tree Hill Road where the murder took place.

¶ [45] Ms. White was also resident at number #177 (although not present) when Damion Ming was murdered in the same yard.

¶ [46] She said the Prisoner was always present at #177 Birch Tree Hill Road and he was likely "family". --- **Conditional Release Judgment.** Ind. No. 84/2010. R v. Ebanks (Leonard Antonio). Quin J. Date: 13.02.18 Page 10 of 19

¶ [1] 47. Ms. White said, on the day in question, the Prisoner was there for most of the day. She recalled that he was wearing short jeans pants and a white marina. She said that he left at around four o'clock.

¶ [2] 48. Ms. White recalled the victim, Tyrone Burrell, coming to the yard at approximately 4:50 p.m. He bought a burger from Ms. White, who cooked it for him, for $4.50. However, as it got close to dusk, she warned Tyrone Burrell to leave. She said dark is coming down, he should leave the premises. So she warned him to get out.

¶ [3] 49. At approximately 7 p.m. the Prisoner came back to the yard on his bicycle. Normally, the Prisoner would speak to Ms. White, but, in this case, he did not; he walked straight past. She saw that he was wearing black short pants, what she described as a black full-sleeved shirt, black baseball cap, and a black and white (but mostly black) handkerchief over his right hand.

¶ [4] 50. As Ms. White said, the Prisoner would normally stop, but on this occasion he went around the house and then to the back of the house and found Tyrone Burrell and shot him in the back of the head. The evidence is that he would have been killed instantly.

¶ [5] CONCLUSION

¶ [6] PARA. 2(2)(A) OF SCHEDULE 12 — THE PREPLANNING AND PREMEDITATION

¶ [7] 51. The Prisoner had r' 177 Birch in mind when he came to 177 Diad Tree Hill Road and that the Tyrone Burrell prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad prepared to come to Rumbad 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```html <table> <tr> <td>1</td> <td>52.</td> <td>He armed himself with an unlicensed illegal firearm and he covered his hand with a</td> </tr> <tr> <td>2</td> <td>handkerchief to avoid any gunshot residue.</td> </tr> <tr> <td>3</td> <td>53.</td> <td>The Prisoner left 177 Birch Tree Hill Road through the bushes.</td> </tr> <tr> <td>4</td> <td>54.</td> <td>I agree with Mme. DPP: This murder required a significant degree of planning and</td> </tr> <tr> <td>5</td> <td>premeditation, and I reject the prisoner's submission that it fell short of</td> </tr> <tr> <td>6</td> <td>significant".</td> </tr> <tr> <td>7</td> <td>IS THE ACQUISITION OF THE ILLEGAL UNLICENSED FIREARM AN AGGRAVATING</td> </tr> <tr> <td>8</td> <td>CIRCUMSTANCE, EXCEPTIONAL IN NATURE?</td> </tr> <tr> <td>9</td> <td>55.</td> <td>This issue falls under para. 2(2)(a) — that is, "significant degree of planning or</td> </tr> <tr> <td>10</td> <td>premeditation". It also falls under para. 2(2)(j) — "any other circumstances which</td> </tr> <tr> <td>11</td> <td>may be considered relevant".</td> </tr> <tr> <td>12</td> <td>56.</td> <td>As with R v Ramoon and Douglas and as with R v Jeffers, the Prisoner</td> </tr> <tr> <td>13</td> <td>deliberately acquired an unlicensed illegal firearm with the sole purpose of killing</td> </tr> <tr> <td>14</td> <td>his intended victim. So the Prisoner had already committed, and was committing, a</td> </tr> <tr> <td>15</td> <td>serious criminal offence under the Firearms Law of the Cayman Islands. He then</td> </tr> <tr> <td>16</td> <td>used the gun to shoot young Tyrone Burrell in the back of the head, which, like the</td> </tr> <tr> <td>17</td> <td>case of Ramoon and Douglas, was a public execution, and like the murder of</td> </tr> <tr> <td>18</td> <td>Damion Ming, (the Jeffers case) was a public execution.</td> </tr> </table> Conditional Release Judgment. Ind. No. 84/2010. R v. Ebanks (Leonard Antonio). Quin J. Date: 13.02.18 Page 12 of 19 ```
```html <table> <tr> <td>1</td> <td>57.</td> <td>In my view, it was a public execution of the most evil nature and could be</td> </tr> <tr> <td>2</td> <td>accurately described as "chillingly clinical" in its planning and execution. To adopt</td> </tr> <tr> <td>3</td> <td>Lord Bingham's words in R v Kelly (Edward)4, it was far from "regular", it was far</td> </tr> <tr> <td>4</td> <td>from "routine" and it is certainly far from "normal".</td> </tr> <tr> <td>5</td> <td>58.</td> <td>In the Cayman Islands, the spontaneous killing in a domestic fight where one</td> </tr> <tr> <td>6</td> <td>partner stabs the other with a kitchen knife, or a husband strangles his wife in a</td> </tr> <tr> <td>7</td> <td>drunken argument - attracts a minimum of 30 years' imprisonment, and yet the</td> </tr> <tr> <td>8</td> <td>period of intention to kill in that example would be very short and there were no</td> </tr> <tr> <td>9</td> <td>aggravating circumstances of an exceptional nature.</td> </tr> <tr> <td>10</td> <td>59.</td> <td>It is interesting to note that in the United Kingdom, under the Criminal Justice Act,</td> </tr> <tr> <td>11</td> <td>the kitchen knife stabbing or the drunken strangulation would attract a minimum</td> </tr> <tr> <td>12</td> <td>period of 15 years, whereas, a murder with firearm would attract a minimum period</td> </tr> <tr> <td>13</td> <td>of 30 years. In my view, this disparity reflects the more serious and more grave</td> </tr> <tr> <td>14</td> <td>regard the UK legislators have for the offence of murder with a firearm.</td> </tr> <tr> <td>15</td> <td>60.</td> <td>It is important to remember that the Firearms Law has been in place in the Cayman</td> </tr> <tr> <td>16</td> <td>Islands since 1964. The intention of the Legislative Assembly has been made clear</td> </tr> <tr> <td>17</td> <td>by the imposition of minimum sentences of seven years' imprisonment for a guilty</td> </tr> <tr> <td>18</td> <td>plea and 10 years' imprisonment after trial for simple possession of an unlicensed</td> </tr> <tr> <td>19</td> <td>illegal firearm.</td> </tr> </table> ``` ```latex \begin{equation} \text{[2000] 1 QB 198 (at 208)} \end{equation} \text{Conditional Release Judgment. Ind. No. 84/2010. R v. Ebanks (Leonard Antonio). Quin J. Date: 13.02.18} \text{Page 13 of 19} ```
The aim of the **Firearms Law** is to, if possible, eradicate the existence of illegal firearms in the Cayman Islands. To put it another way: If unlicensed illegal firearms cannot be eradicated, the aim of the legislation is to make the existence of these firearms out of the ordinary and wholly exceptional. In my opinion, the use of the unlicensed illegal firearm in a murder case is much more serious and grave a crime than the spontaneous domestic knife stabbing or the drunken strangulation. Generally, the use of an unlicensed illegal firearm involves significant planning, premeditation and a much longer period of intent to kill. Furthermore, we must not ignore the fact that the murderer who has acquired an unlicensed illegal firearm is already committing a very serious crime under the laws of the Cayman Islands. Whether the use of an unlicensed illegal firearm is an aggravating circumstance, exceptional in nature, or whether it may be deemed commonplace in nature, cannot be based on numerical prevalence. One must look at the gravity of the offence from a qualitative standpoint and not a quantitative standpoint. For the above reasons, I find the prisoner's change of dress, his deliberate acquisition of an unlicensed illegal firearm with the intent to kill Tyrone Burrell, and then the subsequent and consequential killing of Tyrone Burrell in the back of the head, in this case, are aggravating circumstances, exceptional in nature. **Conditional Release Judgment. Ind. No. 84/2010. R v. Ebanks (Leonard Antonio). Quin J. Date: 13.02.18** Page 14 of 19
Gangland Murder

¶ [66] I come now to the question of "gangland murder" – and again, in this case, under the heading "any other circumstances which may be considered relevant".

¶ [67] The defence submit that the court cannot be sure that the murder was gang-motivated. The Defence submits further that there have been many murders and shootings which are gang-related and therefore this is not sufficiently unusual to make it truly exceptional.

¶ [68] The main Crown witness, Arlene White, was found to be an honest and reliable witness who was putting her job and her livelihood and, indeed, herself, at risk for having to give evidence in a public courtroom, and, indeed, having the courage to go to the police.

¶ [69] The Prisoner admitted that he "killed the little boy", he said he "kill' the pussyhole". Arlene White asked him why did he kill the boy, and the Prisoner replied: "Tyrone Burrell shoot up Devon's yard. Tyrone Burrell was a spy. Tyrone Burrell moved from Logwoods to Birch Tree Hill Road, back and forth, carrying news."

¶ [70] The Prisoner told Arlene White that there was violence between Birch Tree Hill and Logwoods and Tyrone Burrell was a spy for the Logwoods gang. The Prisoner told The document appears to be a legal judgment, specifically a Conditional Release Judgment, with the case number Ind. No. 84/2010, and the date of the judgment is 13.02.18. The document is from the Cayman Islands.
```html <table> <tr> <td>1</td> <td>71.</td> <td>I am satisfied beyond all reasonable doubt, on the evidence before the court, that</td> </tr> <tr> <td>2</td> <td>2</td> <td>this was a gang-related murder. The Prisoner shot and killed Tyrone Burrell in a</td> </tr> <tr> <td>3</td> <td>public-style execution because the Prisoner viewed him as a spy carrying news</td> </tr> <tr> <td>4</td> <td>from the Birch Tree Hill Road back to Logwoods. Again to use Lord Bingham's</td> </tr> <tr> <td>5</td> <td>words in Kelly5，"this is not "routine"，this is not "regular"，and this is not "normal"</td> </tr> <tr> <td>6</td> <td>- and certainly not routine，regular and normal in the Cayman Islands. I find it to</td> </tr> <tr> <td>7</td> <td>be another aggravating circumstance of an exceptional nature.</td> </tr> <tr> <td>8</td> <td>NORA EBANKS</td> </tr> <tr> <td>9</td> <td>72.</td> <td>On the last issue under paragraph 2(2)(j)：The witness Nora Ebanks and whether the</td> </tr> <tr> <td>10</td> <td>intimidation or threat to her is an aggravating circumstance of an exceptional</td> </tr> <tr> <td>11</td> <td>nature.</td> </tr> <tr> <td>12</td> <td>73.</td> <td>The witness Nora Ebanks had known the Prisoner all his life.</td> </tr> <tr> <td>13</td> <td>74.</td> <td>She was standing in an adjoining property very close to #177 Birch Tree Hill Road.</td> </tr> <tr> <td>14</td> <td>She said she heard the noise which was the shot.</td> </tr> <tr> <td>15</td> <td>75.</td> <td>About ten seconds after hearing the noise，she saw the Prisoner.</td> </tr> <tr> <td>16</td> <td>76.</td> <td>Ms. Ebanks said she was frightened when she saw him，but she said the Prisoner</td> </tr> <tr> <td>17</td> <td>looked frightened too.</td> </tr> <tr> <td>18</td> <td>77.</td> <td>The Prisoner said to her："You lucky you did not get your brains blown out too."</td> </tr> <tr> <td>20</td> <td>20</td> <td>hen he shot him of the he wn out T's</td> </tr> <tr> <td>19</td> <td>The inference is</td> <td>eadoner had yro</td> </tr> <tr> <td>compelling that the F</td> <td>when in the backblo</td> </tr> <tr> <td>20</td> <td>ne Burrel</td> </tr> <tr> <td>5supra</td> </tr> </table> Conditional Release Judgment. Ind. No. 84/2010. R v. Ebanks (Leonard Antonio). Quin J. Date：13.02.18 Page 16 of 19 ```
```html <table> <tr> <td>1</td> <td>78.</td> <td>Nora Ebanks said she was frightened and felt that the Prisoner was threatening her.</td> </tr> <tr> <td>2</td> <td></td> <td>She then said that he left on foot.</td> </tr> <tr> <td>3</td> <td>79.</td> <td>However, later that day, Ms. Ebanks told the court that the Prisoner came back to</td> </tr> <tr> <td>4</td> <td></td> <td>her. He came to her and said she should not have got into it because it does not</td> </tr> <tr> <td>5</td> <td></td> <td>concern her son Andrew or her daughter Marcia. The Prisoner again said: "You</td> </tr> <tr> <td>6</td> <td></td> <td>lucky you didn't get your brains blown out, too." The Prisoner then left shortly</td> </tr> <tr> <td>7</td> <td></td> <td>afterwards on his bicycle.</td> </tr> <tr> <td>8</td> <td>80.</td> <td>I am satisfied beyond all reasonable doubt, upon the evidence before me that the</td> </tr> <tr> <td>9</td> <td></td> <td>Prisoner intended to intimidate Nora Ebanks, and to threaten her. His specific</td> </tr> <tr> <td>10</td> <td></td> <td>references to her children's names were further examples of the prisoner's intention</td> </tr> <tr> <td>11</td> <td></td> <td>to intimidate and threaten Nora Ebanks. He was already interfering with a potential</td> </tr> <tr> <td>12</td> <td></td> <td>Crown witness who heard the shooting and saw the Prisoner shortly after he shot</td> </tr> <tr> <td>13</td> <td></td> <td>Tyrone Burrell. I find this to be an aggravating circumstance of an exceptional</td> </tr> <tr> <td>14</td> <td></td> <td>nature.</td> </tr> <tr> <td>15</td> <td>81.</td> <td>I agree with Madam DPP - there are no extenuating circumstances.</td> </tr> <tr> <td>16</td> <td></td> <td>PREVIOUS CONVICTIONS</td> </tr> <tr> <td>17</td> <td>82.</td> <td>I turn now to Schedule 12 para.3(1) which reads:</td> </tr> <tr> <td>18</td> <td></td> <td>"In considering the seriousness of an offence committed by an offender who has</td> </tr> <tr> <td>19</td> <td></td> <td>one or more previous convictions, the court must treat each previous conviction</td> </tr> <tr> <td>20</td> <td></td> <td>evaluating circumstances if (in the case of the existing regular, and its</td> </tr> <tr> <td>21</td> <td></td> <td>offered to the case; relation</td> </tr> <tr> <td>22</td> <td></td> <td>the nature</td> </tr> <tr> <td>23</td> <td></td> <td>of the conviction</td> </tr> <tr> <td>24</td> <td></td> <td>(a) so relevant to the circumstances of the offence and its</td> </tr> <tr> <td>25</td> <td></td> <td>(b) the time that has elapsed since the conviction."</td> </tr> </table> Conditional Release Judgment. Ind. No. 84/2010. R v. Ebanks (Leonard Antonio). Quin J. Date: 13.02.18 Page 17 of 19 ```
The document is a Conditional Release Judgment from the Grand Court of the Cayman Islands, dated 13.02.18. It is Ind. No. 84/2010, in the case of R v. Ebanks (Leonard Antonio). The judgment is on page 18 of 19.

¶ [1] 83. The Prisoner has 51 previous convictions. It is accepted that some are not relevant.

¶ [2] 84. However, in 1991, he was convicted of Robbery and Assault occasioning actual bodily harm for which he received 4½ years' imprisonment.

¶ [3] 85. In June 2004, he was again convicted of Robbery and received a sentence of 5 years' imprisonment.

¶ [4] 86. In January 2011, he was convicted of a number of offences, including Assault occasioning actual bodily harm and Carrying an offensive weapon. He was convicted and sentenced to 6 months' imprisonment.

¶ [5] 87. In March 2011, he was convicted of Carrying an offensive weapon again, for which he was sentenced to 6 months' imprisonment.

¶ [6] 88. These are all relevant and I must treat them as aggravating circumstances.

¶ [7] 89. In conclusion, I find the use of an unlicensed illegal firearm; the gangland-related murder by public execution - shooting the victim in the back of his head; the significant amount of planning and premeditation; and the serious intimidation of a witness, are all aggravating circumstances of an exceptional nature which merit an increase of 4 years.

¶ [8] 90. I find the minimum term of imprisonment is 34 years, with an aim to provide rehabilitation and reformation and that the term of 34 years is to satisfy the legislative requirement of retributive justice and deterrence.

¶ [9] 91. The 34 years' imprisonment will start from the 30th of September 2011 - not from today. The document is stamped with the seal of the Grand Court of the Cayman Islands.
The period of time the Prisoner has spent in custody between 2010 and 2011 will be deducted from the 34 years' imprisonment. At the time of delivering this Judgment the total number of days to be deducted from the sentence was not yet agreed between the Crown and Defence. The Crown suggested 107 (from the 4th October 2010 and 19th January 2011) and the Defendant suggested that the start date should be earlier and therefore 119 days should be deducted. My order is that the deduction of time in custody will not be less than 107 days and, should, upon investigation by the Crown and Defence, the number of days to be deducted be calculated to be higher, this Court will make that adjustment to the 119 days or whatever the verifiable calculation is. Dated this the 13th February 2018 Honourable Mr. Justice Charles Quin Q.C. Judge of the Grand Court At the end of this Judgment, in response to a query from the Defendant, the Court read s.23(4) of the Conditional Release Law which states: "At the sentencing hearing referred to in this section, evidence of the prisoner's behaviour in prison after original sentencing is not admissible." Conditional Release Judgment. Ind. No. 84/2010. R v. Ebanks (Leonard Antonio). Quin J. Date: 13.02.18 Page 19 of 19