Carter J
IN THE GRAND
CRIMINAL SIDE
12 Appearances:
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Before:
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18 Sentence Delivered
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24 1. The facts:
Ms. Toyin Salako for the Crown
Mr. Alex Davies of McGrath Tonner,
Hon. Justice Marlene I. Carter (Actg.
ed: 9 January 2020
HEADNOTE
False accounting; Section 41 of the Penal Code
SENTENCE JUDGMENT
are not in dispute. In July 2019 the defendant entered a gu
Attorneys for Defendant
ility plea to Count 3 of the
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particular
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36 1. The basis
2001/09 R v. Hermine
of the offence were that:
between 26th day of February 2014 and the 10th day of A pardon of the Cayman Islands, dishonesty and with a view of others or with intent to cause loss to another falsified docu
accounting purpose namely, the Department of Children Needs Assessment Forms, by making entries therein which were leading, false or deceptive in a material particular in that at she had an income limited to KYD250 per month and no
of plea is as follows:
2018-58 of 2018 - Transcript of Oral Sentence Ruling
of the Penal Code. The
In 2015 within the
to gain for yourself
uments required for
and Family Services
he or may have been
purported to show
other assets."
Page 1 of4
Hermine Stoney wish to plead guilty of False accounting con the Penal Code (2019 Revision) on the following basis:
I accept I received the proceeds of sale of a property which
name, which closed on 26th March 2019, around the
applying for assistance from the NAU. At the time, howev-
was to completely ring-fence this money for my son Duane
who had a scholarship to study at Columbia University
afterwards at Cambridge University in England. He
defence at Durham University in England, leading La-
I accept that I did use a small amount of the money my
desperate, to buy food and sundries, and that I should have
trary to section 255
been in my sole
time that I was
er, my intention
in the USA, and
is presently in
itself when I was
ve declared the
tax.
My priority was to give the best start for my son, and I felt
held on trust for him at all times. This is reflected by
recount being marked "ITF Duane Thompson", I also accept that by failing to dis-
Duane Thompson". I also accept that by failing to dis-
income, I gave false information to the assessor, and I should have been disclosed.
I have very little memory of the period of time in que-
recovering from multiple strokes (which happened in 2019
cognitive impairment, memory loss and anomia (speci-
would struggle to form words.
fic) for my education, and I have no source of income. I re-
I regret for my actions. I have nothing left now, as my son
work and reliant on assistance from family.
lost his education, and I have no source of income. I re-
I make the position that my will was to the extent of the money was
cease the extra
hindsight this
tion, as I was
3), and suffered
loss) where I
had no money
movable to
give up".
32
33 2. The defendant
34 Needs As-
35 The value
36 sold does
37
38 3. However,
39 Defendant
2001/09 R v Hermine Stoney
I did not have an income but she did have an asset which assessment Unit ("NAU"). The Defendant is before the Court of the asset or the amount that the Defendant ultimately re-
for the purpose of sentence, as rehearsed by Mr. Davies, it appears that the Defendant gave most of the money, re- not form the basis of the charge before the Court.
tion on 27/09/18 – Transcript of Oral Sentence Ruling
35
for that unlawful omission.
she did not disclose to the
court that unlawful omission,
received when the asset was
Attorney on behalf of the
alized from the sale of the
4 4. The Crow
5 2013. Co
6 cognitive
7 Defendant
8 provide it
9 memory if
10 has direct
son. Whatever she may have kept appears to have been a
s.
in does not dispute the Defendant’s medical history, that she counsel for the Defendant submits that as a result of those strain impairment and it was suggested, although counsel could also experienced memory loss and that this may have been
affected her speech.
sent to satisfy the arrears of
had suffered two strokes in
ces the Defendant has some
not put it higher, that the
a factor in her omitting to
include a Report records her
nounce words and how this
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12 5. The Defe
13 place of
14 for most o
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16 6. The offen
17 herself, th
18 that the D
19 2014 and
20 the defend
21 thereby de
22 committed
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24 Court’s en-
dant is 66 years old. She is unemployed and has been for s
mode and no income. She is of previous good character and a
her adult life. She has one son who cannot support her as
ce is serious. However, perhaps recognizing the position in
the NAJ, the complainant in this matter, has indicated that the
defendant was granted during the period set out in the offence
10th April 2015, is being sought. It is clear to this Court that
plant’s motivation in wanting to ring-fence monies for her s
prayers herself, this cannot excuse her actions and does not
again an organisation tasked with assisting the most destitu
conclusions
some time. She has no fixed
as been gainfully employed
he is himself a student.
which this Defendant finds
to repayment of any monies
i.e. between 26th February
at whatever may have been
on’s education, to her mind
taken away from the offence
itself and indeed in our society.
25 26 7. As the Cr
27 is very low
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29 8. After con-
30 been reach
31 is in no p
32 communi
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2001/09 R v Hermine
own has stated, there are no current sentencing guidelines for a specific. The maximum penalty is seven years imprisoned.
lderation of all the circumstances of this case, I find that the
With regard to other options in which this batter could be position to pay a fine and is not a suitable candidate for a dy service due to her medical condition.
this offence. I agree that it
sent.
is custody threshold has not
been disposed of, the Defendant
community based penalty or
1 9. . . Section 4
2 but is of
3 condition
4 proceeding
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6 10. I am satis-
7 character.
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9 11. Counts 1
10
of the Penal Codes states: "(1) Where in a trial a court thinks the opinion that, having regard to the character, antecedent
of the accused, ... it is inexpedient to inflict any punishment ... discharging the accused as
grievously guilty of murder or manslaughter, may be ordered, ... discharging the accused as
a defendant and medical condition, is that she be discharged."
2 2 of Indictment 58 of 2018 are to be left on file.
Is that the charge is proved,
ents, age, health or mental
ment, the court may, without
absolutely.
the defendant's age, health,
absolutely.
11
12
13 Justice Marlene
14 Acting Judge of
Carter
the Grand Court
2001/09 R v. Hermine