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Apr 29, 2017 Court Stories, Features / Columnists, News
Paul Sargeant, a 42-year-old porter, was yesterday jailed for 36 months on a break and entry
charge. Sargeant appeared before City Magistrate Judy Latchman and pleaded guilty to the charge which stated that on April 19 at La Penitence, Georgetown, he broke and enter the dwelling house of Shem Wilson and stole one bicycle valued $15,000 and one gold chain valued $50,000.
The court heard that Wilson and Sargeant are known to each other and on the day in question, Wilson secured his home, and went to his bathroom. Upon entering his bathroom, he observed several wall boards missing.
He then went and made checks in and around his home where he observed the articles mentioned in the charge missing. The matter was reported to the police who conducted an investigation and CCTV footage in the area showed Sargeant jumping over Wilson’s fence and removing a quantity of wall boards before riding off with the bicycle.
According to Police Prosecutor Shawn Gonsalves, when Sargeant was arrested the allegation was put to him and he admitted to breaking and entering the house and stealing the said articles.
Sargeant when asked by the Magistrate why he stole the bicycle told the court “I needed a bicycle, so I decided to steal the bicycle.”
The magistrate in return told the accused that he should have purchased a bicycle if he wanted a bicycle. She then sentenced him to 36 months imprisonment.
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I am a barrister living abroad. I do not know anything much about the criminal law and procedure in Guyana. However, some of the sentences imposed by magistrates may be too harsh as in this case for stealing a bicycle, 36 months. In the UK, a convicted person for such a theft would be subject to one of the following:
(a) a community order, say, for a specific number of hours, whereby he would be performing service in the community, such as sweeping the streets;
(b) a fine depending on his ability to pay a fine; or
(c) if a custodial sentence is warranted it will be just for a few months but he would only serve half the period imposed for good behaviour.
There is some emphasis for the rehabilitation of a convicted person who is given a custodial sentence. Prisoners are given the opportunity to acquire some skill so that when they are released they can earn a living.
It seems that in Guyana many people serving time in prison are not rehabilitated to prevent them committing offences again within a matter of weeks or months of their release. Some rehabilitation scheme should be introduced so that prisoners can learn a skill or trade which will be beneficial to them on their release.