Justice Carol Beswick in the Grand Court on 24^th Aug handed down a sentence of 150 hours community service to a 78 year old man, a retired Seafarer, who had pleaded guilty to stealing CI$180 from his employer, Jacques Scott.

Even though the amount was small and the Defendant had paid the money back, the prosecution urged the judge to recognise that Jacques Scott had placed a level of trust in him in permitting him to deal with safety of their takings. The Defendant was in fact employed as a messenger and was not involved in any financial dealings.

Michael Snape, acting for the Crown, also said the Defendant had failed the Company and the starting point for an appropriate sentence should be imprisonment.

The Defendant was an employee of the liquor store Jacques Scott for a number of years. He had retired from his job there and then was called back to continue working after his retirement. His post-retirement job included collection of the takings from various stores of Jacques Scott on the Cayman Islands.  He would then deposit those monies to the business’ bank account.

Jacques  Scott installed a camera  on its property  and, on the 9th May 2008, the Defendant was observed, via the camera, putting a deposit bag with cash down the sock he was wearing. He was confronted and in his sock was found one hundred and eighty dollars  (CI$180.00).

In handing down her sentence of Community Service, Justice Beswick said she had viewed the Social Inquiry Report (SIR) and there were many mitigating circumstances, the small amount of money (that had been paid back), his guilty plea, his previously unblemished record and a low risk of reoffending. He enjoyed a harmonious relationship with his family, resided with his 80 year old sister, is a fisherman, a churchgoer and is held in high regard by his community..

The Defendant had showed much remorse, had no criminal record, there was no evidence that he had benefitted from the stolen money, was in receipt of a pension from seafaring activities, is not seeking any employment from any business place and therefore would not pose a danger to commerce. The SIR concluded the Defendant has a very low risk of recidivism and he was a suitable candidate for a community service order.

Any reason the Defendant may have had for committing himself in the way did on 9^th May 2008 “is shrouded in mystery”. He had now tarnished his otherwise good police record.

References on his behalf were presented by Cayman Islands Premier, Hon. McKeeva Bush, Rev. Stanwych Myles and his former work supervisor.

The judge gave many references in law as well as the above reasons for not imposing imprisonment and giving an appropriate sentence of voluntary service to the community.