Fish vendor gets 60 months for robbery under arms

OTHELLO Duncan, a fish vendor of 117 Canet Street, Meadow Bank, Greater Georgetown, on Thursday was sentenced to 60 months imprisonment by Magistrate Judy Latchman after being found guilty of robbery under arms.

Particulars of the charge state that on July 25, 2013 at the Meadow Bank wharf, being armed with a gun, robbed the virtual complainant (VC) Hayman Harden of $316,000 in cash.
On his first appearance before Chief Magistrate Priya Sewnarine- Beharry on November 12, 2014, he pleaded not guilty to the said charge.
The court was told that on the day in question, around 10:10 hours, the VC was at Meadow Bank when the defendant approached him and tried to relieve him of the money that he had in his possession; the accused placed the firearm to the victim’s head and asked him to hand over his cash. After the victim refused, Duncan pushed his hand into Harden’s pocket, took away the money, and made good his escape. The matter was then reported to the police.
Prosecutor Shelon Daniels objected to bail on the grounds of the nature and gravity of the offence and the fact that a firearm was used in committing of the crime. She also noted that the defendant had been evading the police since the report was made.
Daniels also asked the court to consider the fact that violence was used in perpetrating the crime and that fear had been driven into Harden and that the defendant had permanently deprived the victim of his money.
During his trial, Duncan gave an unsworn statement stating that an identification parade had not been held. The VC however stated that he had seen Duncan for three to five minutes during the incident, which gave him sufficient time to see his face.
Magistrate Latchman pointed out the she was aware that no identification parade had been conducted, but the fact that the VC had seen the defendant and has known him for a while, satisfies her that it was enough to enable the VC to recognise the defendant, particularly since the incident had occurred in broad daylight with nothing obstructing Harden’s sight.
“Nothing can be said at this point of time,” were the words of Duncan’s Attorney Melville Duke, who told the court that his client is a father of two, had been working at the fisheries for over 13 years with no prior convictions or pending criminal matters.
Duke pointed out that “persons can change their behaviour” and asked if Duncan would be allowed to pay some sort of compensation instead of serving a custodial sentence. Imprisonment at this point, counsel contended, would cause a severe blow to the defendant’s family.

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