A High Court judge has fined a Deacons Farm man $3 500 for aggravated burglary, ordering compensation to the complainant while warning him not to reappear before the courts.
Zeco Francis Holder, of Madison Terrace, had previously pleaded guilty in the No. 3A Supreme Court to entering the home of Christopher Sealy as a trespasser on April 11, 2020, and stealing a $1 250 ring and a watch valued at $600, while being armed with a hammer and a cutlass.
The court had previously heard that Holder went to Sealy’s home to buy wrappers but left, saying he needed to get change and would return.
Less than an hour later, Sealy’s girlfriend went to answer the door and jumped back as two men wearing face coverings entered, one armed with a hammer and the other with a cutlass. The one with the cutlass told him: “Bring the money,” while the other said: “Bring the gold and the money.”
The complainant recognised the same clothing Holder had worn when he came to the house earlier and could see some of his features partially through the large eye cut-outs in the shirt he was wearing over his face.
Sealy then rushed at the men, causing the one with the cutlass to run back through the door, while the other grabbed a watch and a ring before knocking down the television and running outside. The matter was reported, and investigations led to Holder, who apologised, saying that he had gone looking for money and weed and had been under the influence of drugs.
Justice Anthony Blackman reached a starting sentence of six years, finding aggravating factors to include that Holder had invaded a person’s home, that the owner and his girlfriend were present, that the offence was premeditated, that he was armed with and brandished a hammer, that he was under the influence of drugs, and the mental anguish experienced by those who were in the home during the break-in.
The lone mitigating circumstance was that no one was physically harmed during the commission of the offence.
Holder’s marijuana use, eight previous convictions, and being deemed at risk of reoffending were also weighed against his expression of remorse, his change in behaviour, and his having started his own business, and no adjustments were made to the starting sentence.
After a discount was made for his early guilty plea, he was left with 1 460 days to serve.
Noting that a custodial sentence was appropriate, Justice Blackman said that, due to the circumstances of the case, an alternate sentence of a fine would meet justice.
He therefore ordered that Holder pay $925 in compensation in two months and $3 500 in fines in six months, failing which the custodial sentence will be activated.
Noting Holder’s history and that he had “followed undesirable company”, Justice Blackman commended the convicted man for “demonstrating a willingness to turn a new leaf”.
He said: “You have disassociated yourself from bad company. You do not hang out on the block and do not smoke marijuana based on what you have told us and I am going on what you said, and you have undertaken the profession of a baker. All positive characteristics in my opinion. I have given you a chance because the law outlines that we consider rehabilitation.
“You are a big man. You know right from wrong. Please do not get yourself involved in any further criminal activity. Do not because your antecedents will go against you.”
Principal State Counsel Joyann Catwell prosecuted the case, while defence attorney Sade Harris represented Holder.
(JB)
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