Rex v Kaieem Carty

IN THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE IN THE FEDERATION OF ST CHRISTOPHER & NEVIS IN THE ST CHRISTOPHER CIRCUIT CASE SKBHCR 2025/0009 REX V KAIEEM CARTY APPEARANCES Mr Teshaun Vasquez for the Crown. Mr Bervis Burke for the defendant. _______________ 2025: JUNE 11 _______________ SENTENCE For planned armed robbery of supermarket Morley J: Kaieem Carty aged 25 (dob 17.03.00) falls to be sentenced following early plea of guilty to armed robbery on 12.08.23 of Rams Supermarket in Camps, contrary to s31(1)(a) Larceny Act Cap 4.16, where on St Kitts & Nevis sentence is limited to a maximum of 20 years. On 12.08.23, at about 6.30pm, a rented Toyota Vitz arrived at the supermarket, and three masked passengers got out, two carrying pistols and one carrying a short rifle with an ammunition drum. On entering, store cctv shows their weapons were pointed at each of four cashiers who gave access to their tills, which were emptied into bags, while customers withdrew,

some with children, exiting or into the aisles. The robber with the rifle went upstairs to an office where a vault was not locked, gathering the other two, plundering it of money within. In total $91679ec was stolen during 3 mins. The Vitz was then spotted at Timothy Beach on 17.08.23, where Carty was seen with his girlfriend to enter it, so being arrested, and in interview admitted to the offending, naming one robber as ‘Dollarz’, who has not been identified, claiming not to know the others, while he said he received no money and his pistol was fake, neither of which is accepted as true by this court, nor does it matter for sentencing in armed robbery. 3 Though he has a minor conviction for threatening and indecent language in 2021, the Crown has agreed he should be treated as of good character, and in social enquiry report dated 04.06.25 is clearly remorseful, at 23 having fallen in with bad company, though having a supportive family always attending court, including on 05.06.25 when the case was opened and mitigated. 4 This is serious criminality. Under the sentencing guidelines for robbery, the case falls into category 1A, as creating a serious psychological harm to be held at gunpoint by three robbers, and serious detrimental effect on a business to have all its cash taken, including from the vault, while there were several firearms and clearly planning, leading to starting point of 75%, increased within the range to 90%, being 18 years, for the sheer audacity of the raid, three men holding up a busy supermarket with many shoppers milling about where the potential for violence and tragedy was manifest. Remorse, cooperation, and good character reduce the sentence 18 months, to 16.5 years, then reduced for plea by one-third to 11 years. 5 As a sentencing exercise this is uncomplicated, but the reason for adjourning the remarks to be in writing is to draw attention to the low maximum of 20 years for armed robbery on St Kitts & Nevis. In many other Caribbean jurisdictions, the maximum is life and a much longer sentence would follow. Recent legislation changes on St Kitts & Nevis since May 2024 make possessing an illegal firearm liable to 30 years, just for having it, meaning it is more serious to have it in your car than to use it threaten to cashiers to rob tils and vaults. The government may wish to increase the maximum for armed robbery as a matter of consistency and common sense. Time on remand shall count, which I declare to be 1y9m20d, to be factored by the prison when calculating the earliest date of release.

7 Kaieem Carty please stand up. For the offence of armed robbery on 12.08.23 of Rams supermarket in Camps, to which you pleaded guilty, for the reasons I have explained, the sentence will be 11 years imprisonment. Time on remand shall count, and you shall be eligible for remission of one-third of your sentence if of good behaviour. You may go with the gaoler. The Hon. Mr. Justice Iain Morley KC High Court Judge 11June 2025

IN THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE IN THE FEDERATION OF ST CHRISTOPHER & NEVIS IN THE ST CHRISTOPHER CIRCUIT CASE SKBHCR 2025/0009 REX V KAIEEM CARTY APPEARANCES Mr Teshaun Vasquez for the Crown. Mr Bervis Burke for the defendant. _______________ 2025: JUNE 11 _______________ SENTENCE For planned armed robbery of supermarket 1 Morley J: Kaieem Carty aged 25 (dob 17.03.00) falls to be sentenced following early plea of guilty to armed robbery on 12.08.23 of Rams Supermarket in Camps, contrary to s31(1)(a) Larceny Act Cap 4.16, where on St Kitts & Nevis sentence is limited to a maximum of 20 years. 2 On 12.08.23, at about 6.30pm, a rented Toyota Vitz arrived at the supermarket, and three masked passengers got out, two carrying pistols and one carrying a short rifle with an ammunition drum. On entering, store cctv shows their weapons were pointed at each of four cashiers who gave access to their tills,

which were emptied into bags, while customers withdrew, some with children, exiting or into the aisles. The robber with the rifle went upstairs to an office where a vault was not locked, gathering the other two, plundering it of money within. In total $91679ec was stolen during 3 mins. The Vitz was then spotted at Timothy Beach on 17.08.23, where Carty was seen with his girlfriend to enter it, so being arrested, and in interview admitted to the offending, naming one robber as ‘Dollarz’, who has not been identified, claiming not to know the others, while he said he received no money and his pistol was fake, neither of which is accepted as true by this court, nor does it matter for sentencing in armed robbery. 3 Though he has a minor conviction for threatening and indecent language in 2021, the Crown has agreed he should be treated as of good character, and in social enquiry report dated 04.06.25 is

clearly remorseful, at 23 having fallen in with bad company, though having a supportive family always attending court, including on 05.06.25 when the case was opened and mitigated. 4 This is serious criminality. Under the sentencing guidelines for robbery the case falls into category 1A, as creating a serious psychological harm to be held at gunpoint by three robbers, and serious detrimental effect on a business to have all its cash taken, including from the vault, while there were several firearms and clearly planning, leading to starting point of 75%, increased within the range to 90%, being 18 years, for the sheer audacity of the raid, three men holding up a busy supermarket with many shoppers milling about where the potential for violence and tragedy was manifest. Remorse, cooperation, and good character reduce the sentence 18 months, to 16.5 years then reduced for plea by one-third to 11 years. 5 As a sentencing exercise this is uncomplicated, but The reason

for adjourning the remarks to be in writing is to draw attention to the low maximum of 20 years for armed robbery on St Kitts & Nevis. In many other Caribbean jurisdictions, the maximum is life and a much longer sentence would follow. Recent legislation changes on St Kitts & Nevis since May 2024 make possessing an illegal firearm liable to 30 years, just for having it, meaning it is more serious to have it in your car than to use it threaten to cashiers to rob tils and vaults. The government may wish to increase the maximum for armed robbery as a matter of consistency and common sense. 6 Time on remand shall count, which I declare to be 1y9m20d, to be factored by the prison when calculating the earliest date of release. 7 Kaieem Carty please stand up. For the offence of armed robbery on 12.08.23 of Rams supermarket in Camps, to which you pleaded guilty, for the

reasons I have explained, the sentence will be 11 years imprisonment. Time on remand shall count, and you shall be eligible for remission of one-third of your sentence if of good behaviour. You may go with the gaoler. The Hon. Mr. Justice Iain Morley KC High Court Judge 11June 2025