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<doc> 1 IN THE GRAND COURT OF THE CAYMAN ISLANDS 2 CRIMINAL 3 4 5 6 7 8 9 10 11 Appearances 13 14 AND COURT OF THE CAYMAN ISLANDS SIDE INDICTMENT THE QUEEN V ANDY JAMES MYLES Mr. Kenneth Ferguson Mr. John Furniss for the NO: 30/11 GRAND COURT for the Crown e Defendant 16 Before: 17 Heard: 18 19 20 21 22 1. 23 24 or 25 26 The Hon. Mr. Justice of 29th November 2011 SENTENCE RULING the Defendant was found guilty on one count of e trespassing the dwelling Charles Quin of Mrs. Rollar’s, and stole their idk- e house of Mrs. 26 lawyer’s key 27 or 28 29 P 30 2. 31 f Sentence Ruling. d. 20th November 2011, R v. Andy James Myles. Coram Quin J. Date: 2.12.2011 and will a grant determined sum jury box, all the endant has been Page 1 of 5 </doc>
<doc> 1 3. D 2 v 3 o 4 n 5 f 6 4. D 7 i Defence counsel points to the fact that no physical harm was ctim, Mrs. Rollar. Further when the alarm went off, the D other intruder left the house. Defence counsel therefore point at a charge of aggravated burglary, and indeed the Defendant r a Summary trial. defence counsel accepts that the Defendant has previ- oling two in late 2010, for which he was sentenced in a s caused to the as caused to the s out that this is at initially asked at initially asked ours’ convictions March 2011. On 8 o 9 a 10 t 11 b 12 D 13 S 14 5. D 15 d 16 a 17 ta he charge the Defendant was sentenced to 18 months’ imprisonment. Defen- der the charge for which the Defendant was sentenced for 18 ction, the charge for which the Defendant was sentenced for 18 dani sh restaurant on Shedden Road, George Town. defendant was sentenced to 9 months’ imprisonment was a e charge the Defendant was sentenced to 18 months’ imprisonment. Defen- dani sh restaurant on Shedden Road, George Town. defence counsel draws the Court’s attention to the Chief Jus- tated the 16th January 2002 which state that offences for burglary of a ction, and on e charge the Defendant was sentenced to 9 months’ imprisonment. Defen- dani sh restaurant on Shedden Road, George Town. defence counsel states that for which the he burglary of a ice’s Guidelines burglary without e would attract a 18 6. D 19 a 20 d 21 c 22 a 23 7. T 24 c Sentence Ruling: I </doc>
<doc> 1 tu 2 tl 3 n 4 ft 5 I 6 8. T 7 e It was only when the alarm went off that they fled the scene and, were apprehended by the police. It would be rem- not take this opportunity to command Officers Robinson, Wil- fer the speed of thought and action in the apprehension defendant. The Defendant and his companion stole the owner's gold pendant, her black leather handbag, wallet and cash, credit 8 c 9 9. T 10 b 11 w 12 M 13 a 14 10. T 15 D 16 tu 17 a ards and drivers' licences, as well as her jewellery box. The Defendant and his companion clearly had planned the neck head covering, the ski mask with the eye holes, the ell as the lack of fingerprint evidence, all demonstrate that agellan Quay on the 2nd December 2010 was a professional high degree of planning. he Defendant committed this burglary in the early his
The Defendant entered the home and, finding the home, awakened her from her bed in the middle of the day view, a harrowing experience, and must have ca- sis burglary. The red bandana, as he robbery at 88 enterprise, with ours of the 2nd ng present at light. This is, on used the victim 18 s 19 n 20 o 21 11. A 22 R 23 Sentence Ruling I significant emotional and traumatic distress. The victim's home is the Lord Chief Justice of England and Wales Lord Judgeca Saw [2009] 2Cr. App. R. (S) 54 at paragraph 6: d. 17th July 2011, R v. Andy James Myles. Coram Quin J. Date: 2.12.2011 home has been by or the security ge stated in R v. Page 3 of 5 </doc>
<doc> ‘‘The starting point must always - we emphasise, as burglary of a home is a serious criminal offence. The must be grasped is that when we speak of dwelling, how are considering not only an offence against property, also, and often more alarmingly and distressingly, an of person. There is a longstanding, almost intuitive belief should be our castles. The concept suggests impregnity against intrusion. In the phrase coined by Sir Edward when compiling his ‘Third Institute of the Laws of Eng- shoulder and untroubled peace. Something precious land’, he said: “Our homes are our safest refuge”, where above all we should be (safety of a home, and those who perpetrate this - sentenced and punished accordingly.” way - be that principle which se burglary, we which it is, but ence against the that our homes Coke in 1628, and’ our homes id enjoy secure life, would be 15 12. I 16 17 b 18 n 19 v 20 n 21 13. T 22 a 23 S 24 n accept that the Defendant did not physically harm the vict- were were no guns involved and that consequently, the 25 I most serious kind and s.243 of the Cayman Penal Code sta- who is guilty of the offence of burglary shall be liable to be tion he is guilty of the offence of burglary shall be liable to be maximum of 14 years. the Defendant has 4 previous convictions for burglary - two against burglary for which he received a Sentence September 2006, and two convictions for burglary for which months and 9 months respectively in March 2011. I am. I accept that the Defendant has not burglary of the es that anybody imprisoned for a to be convicted for one years in on he received 18 25 14. J 26 J 27 c 28 l 29 Sentence Ruling. ad. (v) of 20/01/2011, R v. Andy James Myles. Coram Quin J. Date: 2.12.2011 mer Lord Chief Court of Appeal (S) 181 at page Page 4 of 5 </doc>
<doc> There are some professional burglars whose records show that they have behaved as predators preying citizens, returning to their trade almost as soon as each has been served. Such defendants must continue to re- terms of imprisonment.” his was a cold, calculated burglary of a private dwelling. It was awakened the lady of the house, in what she descri- tures, that her fellow intruder did not steal more property from the prem- ies than what is low that from an on their fellow prison sentence eive substantial g in which the perpetrating Defendant and uses than what is 11 s. 12 16. T. 13 r. 14 17. I. 15 r. 16 s. 17 18. T. 18 i. 19 c. It out in the charges. The Defendant is now a man of 25 years of age. He must take his actions and their consequences. light of the foregoing facts, and, in light of the Defer- record, I impose a sentence of imprisonment of seven (7) cent in custody to be taken into consideration. The Court must punish this offender with an appro- priation. The Court is also mindful of the increase in commercial and residential premises, and accordingly, it is my responsibility dant’s appalling years, with time prior to term of in burglaries of hoped that his 20 s. 21 r. 22 Dated this th- 23 24 25 Honourable 26 Judge of the Sentence Ruling, J. d. May 9, 2011. R v. Andy James Myles. Coram Quin J. Date: 2.12.2011 ed such offences Page 5 of 5 </doc>