R v Christopher Myles and Others - Sentence Judgment

¶ ```html IN THE GRAND COURT OF THE CAYMAN ISLANDS CRIMINAL SIDE INDICTMENT NO：0002/2014+0006/2014 THE QUEEN v. CHRISTOPHER JULIAN MYLES JAMES HERBERT MCLEAN JONATHAN MARK RAMOON(IND.No.0006/14) Appearances： Ms. Cheryll Richards Q.C.，DPP，and Ms. Marilyn Brandt for the Crown Mr. John Furniss for Defendant Myles Mr. Nick Hoffman of Priestleys for Defendant McLean Mr. Irvin Banks for Defendant Ramoon Before： The Hon. Mr. Justice Charles Quin Q.C. Sentencing Submissions Heard： 10th December 2014 & 8th January 2015 Written Submissions filed： 29th December 2014 SENTENCE JUDGMENT ```
```markdown # INTRODUCTION

¶ [1] This is the case of an armed robbery which was perpetrated on the Diamonds International Store on North Church Street, George Town, Grand Cayman, shortly after 8 a.m. on the morning of New Year's Day 2014.

¶ [2] The Defendants are charged with Robbery, contrary to s.242 of the Penal Code (2013 Revision) and the particulars of this offence are that James McLean, Christopher Myles and Jonathan Ramoon on the 1st day of January 2014 at Diamonds International Jewellery Store, North Church Street, George Town, Grand Cayman, together with another person unknown, stole jewellery valued at US$814,750.00 and, at the time of so doing, and in order to do so, used force on Orlando Villegas.

¶ [3] The Defendants, McLean and Ramoon are also charged with Possession of an Unlicenced Firearm contrary to s.15(1) and s.15(5) of the Firearms Law (2008 Revision). The particulars of this offence are that James McLean, and Jonathan Ramoon on the 1st day of January 2014 at Diamonds International Jewellery Store, North Church Street, George Town, Grand Cayman, together with another person unknown had in their possession a firearm, namely, a Smith and Wesson .38 Spl revolver except under and in accordance with the terms of a Firearms Users Licence.

¶ [4] The Defendants were on the 1st January 2014 when the three Defendants were arrested. On the 2nd January 2014, the Defendant Myles was arrested on a charge of grand larceny. On the 2nd January 2014, the three Defendants were interviewed under caution. The Defendant McLean made no comment. The Defendant Myles also made no comment and denied his previous admission. ```
Chronology of Proceedings ## Sentence Judgment Ind. No.0002/14 & 0006/14. R v. Christopher Myles, James McLean, Jonathan Ramoon. Coram Quin J. Date: 19.1.15 Page 3 of 37

¶ [1] **17th January 2014:** The case first came before the Grand Court and the Defendant McLean indicated through his then counsel that he may possibly plead guilty.

¶ [2] **24th January 2014:** The Indictment was amended to correct the middle names of the Defendants Myles and McLean.

¶ [3] **31st January 2014:** The Court heard an application for bail in relation to Jonathan Ramoon. This application was rejected.

¶ [4] **14th February 2014:** To allow the Defence more time to review the papers and prepare for arraignment of the Defendants the case was re-listed for the 28th February 2014.

¶ [5] **28th February 2014:** Defendant Ramoon changed counsel from Samson & McGrath to Mr. Irvin Banks, and was awaiting the transfer of legal aid.

¶ [6] **24th April 2014:** The Defendant Ramoon only recently instructed Mr. Banks. Defendants Myles and McLean were still negotiating their Bases of Plea.

¶ [7] **22nd May 2014:** Defence counsel for Defendant McLean applied to come off the record.

¶ [8] **5th June 2014:** The Court sets a trial date for the 15th September 2014. Defendant Ramguilty to boHoffman com 20 Co 20 n relation 20 Defean and asks 20 early guile any cred to 20 court presentit i 20 r. Bf 19 20 ndant McLe 20 of that the 20 he takes i 20 his 20 M.L. that the 20 client's indication of a possible early guilty plea while he takes instructions.
```html 1 13. 24th July 2014: Defendant McLean pleaded guilty to both counts on the Indictment. 2 Defendant McLean’s position is that he never had a firearm in his hand but accepts 3 possession of the firearm on the basis of the joint enterprise - although it was 4 agreed between the Crown and the Defence that Defendant McLean did not know 5 that the firearm was loaded. Defendant Myles was unable to agree a Basis of Plea 6 and he was not arraigned. 7 14. 7th August 2014: The Defendant Myles pleaded guilty to Count 1 and pleaded not 8 guilty to Count 2. The trial remains set for the 15th September 2014. 9 15. 29th August 2014: The trial date of the 15th September 2014 is vacated and the 10 Crown accepts the guilty plea to Count 1 entered by Defendant Myles and agreed to 11 leave count 2 on the file. ```
SUMMARY OF FACTS

¶ [1] The DPP, Mme. Cheryll Richards Q.C., stated that the Robbery of Diamonds International Jewellery Store on North Church Street opposite the Royal Watler cruise terminal was effected by four (4) men shortly after 8 a.m. on the 1st January 2014 when the store had just opened for holiday business serving cruise ship passengers and other tourists.

¶ [2] Three of the men wore masks and entered the store, while the fourth, Defendant Myles, remained in a green 4-door Honda Civic which was located outside in the carpark beside Diamonds International – waiting for the robbers.

¶ [3] The issue as to the role each robber played in the robbery is addressed by a review of the CCTV footage of the incident from the Diamonds International security system. A visual match was made with the clothing each Defendant wore and a further forensic video analysis of that footage has been conducted along with DNA analysis of items of clothing conducted by an expert, Grant Fredericks.

¶ [4] **Defendant Ramoon**: This defendant entered the store first, with his face masked and carrying a gun. He was wearing a dark blue shirt with a distinctive striped undershirt and a pair of black cloth gloves. Upon entry, Defendant Ramoon ran towards the security guard, Orlando Villegas and pointed his gun into the upper chest-lower neck area of his body. The Defendant told the security guard to put his head down and he forced the security guard down to the ground. The Defendant then grabbed the security guard’s neck and dragged him further inside the store and then stood in the centre of his lower back. The Defendant Ramoon held the security guard down, still holding the gun to the security guard. --- Sentence Judgment. Ind. No.0002/14 & 0006/14. R v. Christopher Myles, James McLean, Jonathan Ramoon. Coram Quin J. Date: 19.1.15 Page 5 of 37
The document appears to be a legal judgment or report detailing a robbery case. Here is the transcription of the page, maintaining the structure and content as closely as possible: --- **The Unknown Fourth Robber:** The unknown robber entered the store with his face masked, carrying a yellow bag. He wore a dark-colored shirt with a white undershirt, white gloves, and white sneakers. **Defendant McLean:** He was the third robber to enter the store. He entered wearing a mask and carrying a hammer. He wore a distinctive light blue buttoned-up shirt. He wore black sneakers and bright yellow gloves on his hands. Defendant McLean had a hammer. Whilst Defendant Ramoon held down the security guard, the Defendant McLean went through the store using the hammer to smash the glass showcases containing the jewellery. **The Unknown Fourth Robber:** After the Defendant McLean had smashed the showcases, the unknown fourth robber then followed McLean, selected the items of jewellery to be stolen, and removed the jewellery from the cases and placed the items in the yellow bag which he had brought into the store. Inside the store there were a number of employees and the CCTV footage confirms that the robbery inside the store lasted 1 minute and 26 seconds. --- This transcription is based on the visible content of the page and does not include any invented or speculative information.
APPREHENSION OF THREE ROBBERS

¶ [24] Having stolen the jewellery from Diamonds International, the robbers fled from the store to the green Honda Civic and to the driver Defendant Myles who was waiting for them to make good their escape.

¶ [25] As the robbers left the store carrying the large yellow bag with the jewellery and the firearm, and attempted to leave the area in the green car, Royal Cayman Islands Police Service (RCIPS) Commissioner of Police David Baines ("Commissioner Baines"), who was off-duty that morning, happened to be in the vicinity and saw the robbers leave the store. Commissioner Baines reacted immediately, drove his vehicle into the carpark beside Diamonds International from North Church Street, struck the robbers' green Honda Civic and attempted to push it backwards. Commissioner Baines, by driving his vehicle against the driver's door and the rear passenger door, was attempting to push the Honda Civic against the wall of the building, thereby trapping all four robbers. However the Honda Civic crashed into another parked car and the four robbers managed to alight from their car. Commissioner Baines drove after the robbers, struck two of them, and managed to trap one, namely Defendant Ramoon. Commissioner Baines told Ramoon to stay where he was and that he would call an ambulance and the fire brigade.

¶ [26] Mr. Robert Micic ("Mr. Micic") the Head of Security for Diamonds International also gave chase to the robbers and apprehended one of them. However, that robber turned Mr. Micic and punched on his neck. Sentence Judgment. Ind. No.0002/14 & 0006/14. R v. Christopher Myles, James McLean, Jonathan Ramoon. Coram Quin J. Date: 19.1.15 Page 7 of 37
```html 1 27. A member of the public who wishes to remain anonymous was across the road at 2 the Watler Terminal and was one of the persons who ran to assist. He apprehended 3 one of the three robbers. The robber punched him in his face and the ensuing 4 struggle dislocated his arm from the shoulder and he had to be taken to hospital 5 where his arm was x-rayed and put back in place. 6 28. A second member of the public, who also wishes to remain anonymous, assisted in 7 the apprehension of the robbers. This member of the public was kicked to the left 8 side of his head with enough force to cause pain and deafness in his left ear for 9 about 15 minutes. 10 29. The two members of the public who wish to remain anonymous also ran to give 11 assistance and apprehended the Defendants Myles and McLean who were held on 12 to by struggling with them, sitting on them and holding them down until the police 13 came to take them into custody. It was then discovered that the Defendant McLean 14 had a pillow under his clothes in order to alter his physical appearance 15 30. The fourth robber whose identity is still unknown escaped over the fence and has 16 not yet been found. ```
Items Recovered: ## i. A .38 Spl Smith and Wesson revolver containing five live rounds and one spent shell casing: A. This was recovered close to the area where the Defendant Ramoon was trapped under Commissioner Baines' Chevy Trailblazer. B. The firearm was examined by Ballistics Expert, Allen Greenspan, and by the RCIPS firearms instructor, PC Anthony Stewart. The weapon was found to be an operable firearm in good working order. Consequently the revolver is a lethal barreled weapon, within the meaning of the Firearms Law. None of the three defendants hold firearms licences. ## ii. The yellow bag which had been carried into the store by the unknown fourth robber: A. This was dropped by the unknown fourth robber during the chase. It contained jewellery. ## iii. Jewellery: A. The yellow bag was recovered with jewellery in it. The jewellery valued at US$814,750.00 was returned to the store and the items were: | Item | Description | |------|-------------| | 1 | Gold necklace | | 2 | Gold bracelet | | 3 | Gold earrings | | 4 | Gold ring | | 5 | Gold watch | | 6 | Gold pendant | | 7 | Gold bracelet | | 8 | Gold earrings | | 9 | Gold ring | | 10 | Gold watch | | 11 | Gold pendant | | 12 | Gold bracelet | | 13 | Gold earrings | | 14 | Gold ring | | 15 | Gold watch | | 16 | Gold pendant | | 17 | Gold bracelet | | 18 | Gold earrings | | 19 | Gold ring | | 20 | Gold watch | | 21 | Gold pendant | | 22 | Gold bracelet | | 23 | Gold earrings | | 24 | Gold ring | | 25 | Gold watch | | 26 | Gold pendant | | 27 | Gold bracelet | | 28 | Gold earrings | | 29 | Gold ring | | 30 | Gold watch | | 31 | Gold pendant | | 32 | Gold bracelet | | 33 | Gold earrings | | 34 | Gold ring | | 35 | Gold watch | | 36 | Gold pendant | | 37 | Gold bracelet | | 38 | Gold earrings | | 39 | Gold ring | | 40 | Gold watch | | 41 | Gold pendant | | 42 | Gold bracelet | | 43 | Gold earrings | | 44 | Gold ring | | 45 | Gold watch | | 46 | Gold pendant | | 47 | Gold bracelet | | 48 | Gold earrings | | 49 | Gold ring | | 50 | Gold watch | | 51 | Gold pendant | | 52 | Gold bracelet | | 53 | Gold earrings | | 54 | Gold ring | | 55 | Gold watch | | 56 | Gold pendant | | 57 | Gold bracelet | | 58 | Gold earrings | | 59 | Gold ring | | 60 | Gold watch | | 61 | Gold pendant | | 62 | Gold bracelet | | 63 | Gold earrings | | 64 | Gold ring | | 65 | Gold watch | | 66 | Gold pendant | | 67 | Gold bracelet | | 68 | Gold earrings | | 69 | Gold ring | | 70 | Gold watch | | 71 | Gold pendant | | 72 | Gold bracelet | | 73 | Gold earrings | | 74 | Gold ring | | 75 | Gold watch | | 76 | Gold pendant | | 77 | Gold bracelet | | 78 | Gold earrings | | 79 | Gold ring | | 80 | Gold watch | | 81 | Gold pendant | | 82 | Gold bracelet | | 83 | Gold earrings | | 84 | Gold ring | | 85 | Gold watch | | 86 | Gold pendant | | 87 | Gold bracelet | | 88 | Gold earrings | | 89 | Gold ring | | 90 | Gold watch | | 91 | Gold pendant | | 92 | Gold bracelet | | 93 | Gold earrings | | 94 | Gold ring | | 95 | Gold watch | | 96 | Gold pendant | | 97 | Gold bracelet | | 98 | Gold earrings | | 99 | Gold ring | | 100 | Gold watch | | 101 | Gold pendant | | 102 | Gold bracelet | | 103 | Gold earrings | | 104 | Gold ring | | 105 | Gold watch | | 106 | Gold pendant | | 107 | Gold bracelet | | 108 | Gold earrings | | 109 | Gold ring | | 110 | Gold watch | | 111 | Gold pendant | | 112 | Gold bracelet | | 113 | Gold earrings | | 114 | Gold ring | | 115 | Gold watch | | 116 | Gold pendant | | 117 | Gold bracelet | | 118 | Gold earrings | | 119 | Gold ring | | 120 | Gold watch | | 121 | Gold pendant | | 122 | Gold bracelet | | 123 | Gold earrings | | 124 | Gold ring | | 125 | Gold watch | | 126 | Gold pendant | | 127 | Gold bracelet | | 128 | Gold earrings | | 129 | Gold ring | | 130 | Gold watch | | 131 | Gold pendant | | 132 | Gold bracelet | | 133 | Gold earrings | | 134 | Gold ring | | 135 | Gold watch | | 136 | Gold pendant | | 137 | Gold bracelet | | 138 | Gold earrings | | 139 | Gold ring | | 140 | Gold watch | | 141 | Gold pendant | | 142 | Gold bracelet | | 143 | Gold earrings | | 144 | Gold ring | | 145 | Gold watch | | 146 | Gold pendant | | 147 | Gold bracelet | | 148 | Gold earrings | | 149 | Gold ring | | 150 | Gold watch | | 151 | Gold pendant | | 152 | Gold bracelet | | 153 | Gold earrings | | 154 | Gold ring | | 155 | Gold watch | | 156 | Gold pendant | | 157 | Gold bracelet | | 158 | Gold earrings | | 159 | Gold ring | | 160 | Gold watch | | 161 | Gold pendant | | 162 | Gold bracelet | | 163 | Gold earrings | | 164 | Gold ring | | 165 | Gold watch | | 166 | Gold pendant | | 167 | Gold bracelet | | 168 | Gold earrings | | 169 | Gold ring | | 170 | Gold watch | | 171 | Gold pendant | | 172 | Gold bracelet | | 173 | Gold earrings | | 174 | Gold ring | | 175 | Gold watch | | 176 | Gold pendant | | 177 | Gold bracelet | | 178 | Gold earrings | | 179 | Gold ring | | 180 | Gold watch | | 181 | Gold pendant | | 182 | Gold bracelet | | 183 | Gold earrings | | 184 | Gold ring | | 185 | Gold watch | | 186 | Gold pendant | | 187 | Gold bracelet | | 188 | Gold earrings | | 189 | Gold ring | | 190 | Gold watch | | 191 | Gold pendant | | 192 | Gold bracelet | | 193 | Gold earrings | | 194 | Gold ring | | 195 | Gold watch | | 196 | Gold pendant | | 197 | Gold bracelet | | 198 | Gold earrings | | 199 | Gold ring | | 200 | Gold watch | | 201 | Gold pendant | | 202 | Gold bracelet | | 203 | Gold earrings | | 204 | Gold ring | | 205 | Gold watch | | 206 | Gold pendant | | 207 | Gold bracelet | | 208 | Gold earrings | | 209 | Gold ring | | 210 | Gold watch | | 211 | Gold pendant | | 212 | Gold bracelet | | 213 | Gold earrings | | 214 | Gold ring | | 215 | Gold watch | | 216 | Gold pendant | | 217 | Gold bracelet | | 218 | Gold earrings | | 219 | Gold ring | | 220 | Gold watch | | 221 | Gold pendant | | 222 | Gold bracelet | | 223 | Gold earrings | | 224 | Gold ring | | 225 | Gold watch | | 226 | Gold pendant | | 227 | Gold bracelet | | 228 | Gold earrings | | 229 | Gold ring | | 230 | Gold watch | | 231 | Gold pendant | | 232 | Gold bracelet | | 233 | Gold earrings | | 234 | Gold ring | | 235 | Gold watch | | 236 | Gold pendant | | 237 | Gold bracelet | | 238 | Gold earrings | | 239 | Gold ring | | 240 | Gold watch | | 241 | Gold pendant | | 242 | Gold bracelet | | 243 | Gold earrings | | 244 | Gold ring | | 245 | Gold watch | | 246 | Gold pendant | | 247 | Gold bracelet | | 248 | Gold earrings | | 249 | Gold ring | | 250 | Gold watch | | 251 | Gold pendant | | 252 | Gold bracelet | | 253 | Gold earrings | | 254 | Gold ring | | 255 | Gold watch | | 256 | Gold pendant | | 257 | Gold bracelet | | 258 | Gold earrings | | 259 | Gold ring | | 260 | Gold watch | | 261 | Gold pendant | | 262 | Gold bracelet | | 263 | Gold earrings | | 264 | Gold ring | | 265 | Gold watch | | 266 | Gold pendant | | 267 | Gold 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| Gold bracelet | | 313 | Gold earrings | | 314 | Gold ring | | 315 | Gold watch | | 316 | Gold pendant | | 317 | Gold bracelet | | 318 | Gold earrings | | 319 | Gold ring | | 320 | Gold watch | | 321 | Gold pendant | | 322 | Gold bracelet | | 323 | Gold earrings | | 324 | Gold ring | | 325 | Gold watch | | 326 | Gold pendant | | 327 | Gold bracelet | | 328 | Gold earrings | | 329 | Gold ring | | 330 | Gold watch | | 331 | Gold pendant | | 332 | Gold bracelet | | 333 | Gold earrings | | 334 | Gold ring | | 335 | Gold watch | | 336 | Gold pendant | | 337 | Gold bracelet | | 338 | Gold earrings | | 339 | Gold ring | | 340 | Gold watch | | 341 | Gold pendant | | 342 | Gold bracelet | | 343 | Gold earrings | | 344 | Gold ring | | 345 | Gold watch | | 346 | Gold pendant | | 347 | Gold bracelet | | 348 | Gold earrings | | 349 | Gold ring | | 350 | Gold watch | | 351 | Gold pendant | | 352 | Gold bracelet | | 353 | Gold earrings | | 354 | Gold ring | | 355 | Gold watch | | 356 | Gold pendant 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| | 714 | Gold ring | | 715 | Gold watch | | 716 | Gold pendant | | 717 | Gold bracelet | | 718 | Gold earrings | | 719 | Gold ring | | 720 | Gold watch | | 721 | Gold pendant | | 722 | Gold bracelet | | 723 | Gold earrings | | 724 | Gold ring | | 725 | Gold watch | | 726 | Gold pendant | | 727 | Gold bracelet | | 728 | Gold earrings | | 729 | Gold ring | | 730 | Gold watch | | 731 | Gold pendant | | 732 | Gold bracelet | | 733 | Gold earrings | | 734 | Gold ring | | 735 | Gold watch | | 736 | Gold pendant | | 737 | Gold bracelet | | 738 | Gold earrings | | 739 | Gold ring | | 740 | Gold watch | | 741 | Gold pendant | | 742 | Gold bracelet | | 743 | Gold earrings | | 744 | Gold ring | | 745 | Gold watch | | 746 | Gold pendant | | 747 | Gold bracelet | | 748 | Gold earrings | | 749 | Gold ring | | 750 | Gold watch | | 751 | Gold pendant | | 752 | Gold bracelet | | 753 | Gold earrings | | 754 | Gold ring | | 755 | Gold watch | | 756 | Gold pendant | | 757 | Gold bracelet | | 758 | Gold earrings | | 759 | Gold ring | | 760 | Gold watch | | 761 | Gold pendant | | 762 | Gold bracelet | | 763 | Gold earrings | | 764 | Gold ring | | 765 | Gold watch | | 766 | Gold pendant | | 767 | Gold bracelet | | 768 | Gold earrings | | 769 | Gold ring | | 770 | Gold watch | | 771 | Gold pendant | | 772 | Gold bracelet | | 773 | Gold earrings | | 774 | Gold ring | | 775 | Gold watch | | 776 | Gold pendant | | 777 | Gold bracelet | | 778 | Gold earrings | | 779 | Gold ring | | 780 | Gold watch | | 781 | Gold pendant | | 782 | Gold bracelet | | 783 | Gold earrings | | 784 | Gold ring | | 785 | Gold watch | | 786 | Gold pendant | | 787 | Gold bracelet | | 788 | Gold earrings | | 789 | Gold ring | | 7
```markdown # Grand Court of Trinidad and Tobago ## Sentence Judgment Ind. No.0002/14 & 0006/14. R v. Christopher Myles, James McLean, Jonathan Ramoon. Coram Quin J. Date: 19.1.15 ### 1. 39 loose diamonds ### 2. 6 gold and diamond bracelets ### 3. 11 gold and diamond pendants ### 4. 71 yellow and white diamond rings ### 5. 1 diamond necklace ### 6. 15 gold diamond rings. ### iv. The hammer: A. The hammer had been carried into the store by Defendant McLean and was used to smash the jewellery cases. ### v. A car key: A. A search was carried out along the pathway used by the robbers for their escape and some 515 feet from the front door of Diamonds International a car key was discovered. B. The key matched a parked rental car which was later recovered from Watler’s Carpark on School Road – a distance of 3/10ths to 5/10ths of a mile from the store. C. This was the key to the “switch” motor vehicle which was hired and parked so that the robbers could abandon the previously used green Honda Civic and make their escape in a more recognizable car. ### 32. Three (3) diamond rings valued at a total of US$5,922.00 of US$3,018.00 outstanding. ```
```markdown # MITIGATION ## CHRISTOPHER JULIAN MYLES

¶ [33] Mr. Furniss, counsel for Defendant Myles, asks the Court to accept that the Defendant pleaded guilty to Count 1, the Robbery charge, at the earliest opportunity, and, further, that he admitted his involvement to the police officer upon his arrest. The Defendant Myles pleaded guilty to Count 1 on the 7th August 2014 and on the 29th August 2014 the Crown discontinued the charge on Count 2 against him.

¶ [34] The Defendant Myles admitted that he drove his co-defendants McLean, Ramoon and the unknown fourth robber to Diamonds International Store to commit the robbery.

¶ [35] The Crown has accepted that the Defendant Myles stayed in the car whilst the robbery took place, to act as the getaway driver.

¶ [36] As soon as the robbers came back into his car they urged him to drive off, but before he could put the car in reverse, the driver's side was rammed by the vehicle driven by the Commissioner of Police.

¶ [37] Defendant Myles contends that he was not part of the planning of the robbery. It is his position that, at a party which began on the night before and ended at 3 a.m. on the morning of the robbery, he had alcohol and cocaine. He had conspired with the other robbers to rob the Diamonds International Store. He had conspired with the other robbers to rob the Diamonds International Store. He had conspired with the other robbers to rob the Diamonds International Store. He had conspired with the other robbers to rob the Diamonds International Store. He had conspired with the other robbers to rob the Diamonds International Store. He had conspired with the other robbers to rob the Diamonds International Store. He had conspired with the other robbers to rob the Diamonds International Store. He had conspired with the other robbers to rob the Diamonds International Store. He had conspired with the other robbers to rob the Diamonds International Store. 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```markdown # Transcript of the Document ## Paragraphs 38-42

¶ [1] Counsel points out that the Defendant Myles has a record of 15 previous convictions. The Defendant Myles has four (4) previous convictions for assault, previous convictions for drug offences but no convictions for offences of dishonesty.

¶ [2] Counsel submits that it was a last-minute foolish decision on the part of the defendant to participate in the robbery and the Defendant stated that this is "the stupidest mistake he has ever made in his life". In addition counsel informs the Court that the Defendant is very remorseful.

¶ [3] Defendant Myles has written a letter of apology to Diamonds International Jewellery Store staff, customers and visitors to the Island, as well as to the public of the Cayman Islands. The Court has also read the helpful Social Inquiry Report (SIR) and a letter from the Prison Chaplain.

¶ [4] Defendant Myles is a 32-year old man and the father of 5 children – who all have been mentally affected by his unacceptable behaviour. The Defendant submits that he was battling a serious drug and alcohol addiction problem and asks the Court to be as lenient as possible.

¶ [5] Defendant Myles grew up with his mother as a single parent. His father left the family when he was 2 years of age. He has had a scattered employment record, mainly in the construction or refrigeration industries. The SIR prepared by the Procer confirms defendant has a serious alcohol problem and was raised in a dysfunctional family setting without a supportive father figure. ```
The Court notes that he was cooperative with the Probation Officer and that the report states that the Defendant would benefit from a structured supervision plan with specific treatment options to appropriately address his addictions. Whilst in custody Defendant Myles has obtained several certificates in relation to gymnastics, drug education, employment programmes and spiritual health programmes. The Court also notes that he has received an outstanding achievement award for his efforts and commitment to rehabilitation. In mitigation Defendant Myles relies on his early guilty plea and the fact that he is very remorseful. | Sentence Judgment. Ind. No.0002/14 & 0006/14. R v. Christopher Myles, James McLean, Jonathan Ramoon. Coram Quin J. Date: 19.1.15 | | --- | --- | | Page 13 of 37 |
```markdown # DEFENDANT JAMES HERBERT MCLEAN

¶ [46] Mr. Hoffman, counsel for the Defendant, McLean, relies on the fact that on the 24th July 2014 the Defendant McLean pleaded guilty to both counts on the Indictment.

¶ [47] In addition, counsel submits that Defendant McLean has only minor previous convictions for failing to surrender to custody and for consumption of ganja – in March 2013.

¶ [48] Counsel highlights the fact that at 23 years of age the Defendant McLean is much younger than his co-accused Defendants and, his young age, and lack of previous convictions, put him in a different category from the other Defendants. In this respect counsel submits that Defendant McLean is much more likely to *take* orders than to give orders – particularly in light of the maturity of his co-robbers and their previous criminal convictions.

¶ [49] Counsel submits that Defendant McLean followed orders in running into the store and smashing the glass jewellery cases and then running out. Counsel submits that that the Defendant did not brandish the hammer with which he cracked the glass and he did not specifically threaten any customers or staff.

¶ [50] Counsel submits that the Defendant accepts that the criminal responsibility for the firearm is his and as matter of law, the custody threshold is passed. Counsel submits that the Defendant McLean was not aware that the firearm was going to be used and that it was loaded; the Defendant he (Defendant McLean) failed to withdraw from the robbery. ``` This document is a legal document related to a sentence judgment for the defendant James Herbert McLean. It outlines the defense counsel's arguments regarding the defendant's plea of guilty, his age, and his role in the crime. The document also discusses the defendant's previous convictions and the circumstances of the crime, including the use of a firearm.
```html 1 51. Counsel accepts that it would be unrealistic and almost churlish not to accept the 2 serious impact that this robbery has had along with the serious aggravating features 3 associated with it. 4 52. Counsel respectfully submits that the UK cases relied upon by the DPP are not so 5 relevant and, further, submits that this case can be considered less serious than the 6 bank robbery cases referred to by the DPP. Counsel submits that this case is more 7 along the lines of the less sophisticated commercial robberies. 8 53. The Court has reviewed the SIR which reveals that Defendant McLean was subject 9 to some abuse as a child and, regrettably, he became involved with drugs at an early 10 age - becoming addicted to cocaine as a teenager. On the night in question the 11 Defendant was taking cocaine when he agreed to take part in this robbery. 12 54. Whilst in prison Defendant McLean has taken part in drug education courses, 13 spiritual health activity and the 2014 song festival. 14 55. In conclusion defence counsel for Defendant McLean accepts that this was a very 15 serious offence but also submits that the defendant is genuinely remorseful. 16 Defence counsel submits Defendant McLean was not the prime mover - pointing to 17 the Defendant's young age and lack of previous convictions - and therefore asks 18 the Court to be as lenient as possible. In mitigation the Defendant McLean relies on 19 his early guilty plea, his young age, his heartfelt remorse and the fact that he has 20 only convictions. 21 two minor co 22 Sentence Judgment. Ind. No.0002/14 & 0006/14. Rv. Christopher Myles, James McLean, Jonathan Ramoon. Coram Quin J. Date: 19.1.15 Page 15 of 37 ```
```html 1 DEFENDANT JONATHAN MARK RAMOON 2 56. Mr. Irvin Banks, counsel for this Defendant, also asks the Court to take into consideration the guilty plea entered by this Defendant on the 5th June 2014. 3 Defendant Ramoon is 36 years of age with 9 previous convictions and he has spent time in prison for causing Grievous Bodily Harm and for Assault Causing Actual 4 Bodily Harm. In addition, in August 2005 the Defendant Ramoon was sentenced to 5 eight (8) years imprisonment for possession of an unlicenced firearm. 6 7 8 57. Defendant Ramoon’s parents separated when this Defendant was 3 years old and, following that, the Defendant had very little contact with his father. In his teenage 9 years the Defendant’s behaviour deteriorated and he was involved in criminal 10 activity before he was 20 years of age. 11 12 58. Defence refers to the SIR and the fact that the Defendant has had some significant 13 employment working as a labourer for Arch Construction and with the Port 14 Authority. It is noted that during his work history the Defendant engaged well with 15 fellow workers and supervisors. 16 17 59. This Defendant said he and his co-defendants had discussed targeting Diamonds 18 International and had met to make the final arrangements on the morning before the 19 offence was carried out. It was arranged that Defendant Ramoon would carry the 20 gun. When asked for further information by the Probation Officer Defendant 21 Ranesitant to nt accepted 22 that what v 23 moon was leveal more.vas read as 24 Stacts was corr 25 by the 26 tentment of Fa 27 ect. 28 60. Defendant Ramoon said his motive for committing the offence was to acquire cash 29 after selling the proceeds of the robbery. 30 31 32 Sentence Judgment. Ind. No.0002/14 & 0006/14. Rv. Christopher Myles, James McLean, Jonathan Ramoon. Coram Quin J. Date: 33 19.1.15 34 Page 16 of 37 ```
```html 1 61. Defence counsel submits in mitigation that the Defendant pleaded guilty and is 2 genuinely remorseful. The Defendant Ramoon has stated: 3 “When I see the hurt that it caused, not only to myself but to my family, my 4 loved ones and the community, it hurts. I am saying what was done was wrong 5 but two wrongs don’t make a right, but for my role it was wrong. Now that I see 6 the effect, and people [were] expecting different from me I beat myself up, it 7 hurts.” ``` ```latex \section{61.} Defence counsel submits in mitigation that the Defendant pleaded guilty and is genuinely remorseful. The Defendant Ramoon has stated: "When I see the hurt that it caused, not only to myself but to my family, my loved ones and the community, it hurts. I am saying what was done was wrong but two wrongs don't make a right, but for my role it was wrong. Now that I see the effect, and people [were] expecting different from me I beat myself up, it hurts." ```
```html 1 THE LAW 2 62. I am grateful to both Madam DPP and defence counsel for their helpful bundles of 3 authorities and submissions in relation to sentencing on both Counts 1 and 2. 4 Count 1-Robbery 5 63. Section 242(1) and (2) of the Penal Code (2013 Revision) reads: 6 242. (1) A person commits robbery if he steals, and immediately before 7 or at the time of doing so, and in order to do so, he uses force 8 on any person or puts or seeks to put any person in fear of 9 being then and there subjected to force. 10 (2) A person who commits robbery is liable to imprisonment for 11 life." 12 13 64. Accordingly, it is implicit in this maximum sentence that the Legislative Assembly 14 takes the view that the offence of robbery in the Cayman Islands is one of the 15 utmost seriousness. 16 65. Counsel for McLean cited the Sentencing Judgment of Henderson J. in R v. 17 Tamasa， Cole， Mignott， Edwards and Burton (CNB Robbery)1. Henderson J 18 reviewed the UK Guidelines and the English case of Turner2 and the CICA cases of 19 R v. Haylock， Avila， McLaughlin， Watson3 and R v. Barnett4. In Barnett， after 20 being found guilty and sentenced to 12 years imprisonment for demanding money 21 from a petrol station， the CICA reduced the sentence to nine (9) years. 1 Ind. Nos. 60， 62 and 63 of 2012 and 14 of 2013. Judgment dated the 29 th October 2014. 2 [1975] 61 Cr. App. R. 67 3 CICA (Crim) No. 33 of 2010 4 CICA 5/12 24 th December 2012 Sentence Judgment. Ind. No.0002/14 & 0006/14. R v. Christopher Myles， James McLean， Jonathan Ramoon. Coram Quin J. Date： 19.1.15 Page 18 of 37 ```
```html 1 66. Counsel highlighted the CICA case of Haylock, in which the President of the 2 CICA, Sir John Chadwick, stated at paragraph 11: 3 “Nevertheless those who arm themselves with weapons and undertake pre- 4 meditated robbery of small commercial businesses in these islands must expect 5 at least five years’ imprisonment if they are convicted.” 6 7 67. Counsel for McLean relies on the English Court of Appeal case of R v. Laschelles, 8 Naithen, Laurence and Ors5. This was a smash-and-grab case in which the 9 Appellants stole jewellery to the value of £150，000.00. Furthermore, one of the 10 robbers pointed a gun at a member of staff and told her not to move. In Laurence, 11 counsel argued that it was a less sophisticated commercial robbery falling within 12 Part I of the UK Sentencing Guidelines. In this case, the English Court of Appeal 13 held that the Sentencing Judge was correct to find that Part I of the Guidelines did 14 not apply. The English Court of Appeal found that the appropriate sentence was 11 15 to 12 years. The Court of Appeal made allowances for the appellants’ youth, lack of 16 relevant previous convictions and guilty pleas and found the correct sentence was 7 17 years imprisonment. 18 68. Defence counsel, Mr. Hoffman, urges the Court to consider a starting point of ten 19 (10) years, and, at the same time, submits that the Defendant McLean is entitled to 20 a discount of 33 1/3% in the sentence- bringing the sentence for robbery to 7 years’ 21 imprisonment. In addition, counsel submits that the case before me is similar to the 22 Laun which the of Appeal re thre to seven year rence case in English Countences of a ment. 23 Appellants’ impris 5 [2012] 2 Cr. App. R. (S) 6 Sentence Judgment. Ind. No.0002/14 & 0006/14. R v. Christopher Myles, James McLean, Jonathan Ramoon. Coram Quin J. Date: 19.1.15 Page 19 of 37 ```
The Chief Justice's Sentencing Guidelines 6 (the Chief Justice's Guidelines) state that for a first offence of Robbery involving the use of a firearm could attract a tariff of 14 years' imprisonment. I turn now to the Sentencing Guidelines produced by the UK Sentencing Guidelines Council (“UK Sentencing Guidelines”) in relation to Robbery dated July 2006. The UK Sentencing Guidelines state: "It is the use of violence that is the most serious part of the offence of robbery, but it is not the only determinative factor. The relative seriousness of each offence depends on factors such as the degree of injury to the victim or the nature and duration of threats. The degree of force used is important in determining the seriousness of the offence but the degree of fear which was experienced by the victim is a relevant consideration." Having heard the DPP, Ms. Richards Q.C. and Mr. Hoffman, it is clear that there is some controversy as to whether the Robbery in this case comes within Part I or Part II of these Guidelines. Part I of the UK Sentencing Guidelines deals with "street robbery or mugging, robberies of small businesses and less sophisticated commercial robberies". Part II deals with "professionally planned commercial robberies." The DPP submits that if Part I applies this is a Level III level of seriousness because of the use of the weapon. Although it would appear that Level III requires that serious injury must be sustained, the statement at the top of page 6 reads: "The present more aggravation. If a severe exceptionally serious the case then will move to the next level of seriousness." 6 Statement on Tariffs and Guidelines for Sentencing for Certain Offences 2002 Sentence Judgment. Ind. No.0002/14 & 0006/14. R v. Christopher Myles, James McLean, Jonathan Ramoon. Coram Quin J. Date: 19.1.15 Page 20 of 37
```html 1 As there are a number of serious aggravating factors the DPP submits that this is a 2 Level III offence. 3 75. Counsel for Defendant McLean, as well as the other Defence counsel, submits that 4 the robbery is more akin to a Level II offence because amongst other matters no 5 serious injuries were inflicted. 6 76. At page 11 of the UK Sentencing Guidelines, Level III has a starting point of 8 7 years’ custody and a range of 7 to 12 years’ custody depending on the aggravating 8 and mitigating factors. Level II has a starting point of 4 years’ custody and a 9 sentencing range of 2 to 7 years’ custody. 10 77. If this robbery is classified as a “professionally planned commercial robbery” it 11 comes within Part II of the UK Sentencing Guidelines and not Part I. 12 78. Part II of the UK Sentencing Guidelines deals with “professionally planned 13 commercial robberies” involving firearms and high-valued theft, but without the 14 additional elements that categorise the most serious cases. The English Court of 15 Appeal in Turner7 said it comes to the conclusion that the normal sentence for 16 anyone taking part in a bank robbery or in the hold up of a security or post office 17 van should be 15 years’ imprisonment - if firearms were carried and no serious 18 injury done. 7 Op. cit. ibid. Sentence Judgment. Ind. No.0002/14 & 0006/14. R v. Christopher Myles, James McLean, Jonathan Ramoon. Coram Quin J. Date: 19.1.15 Page 21 of 37 ```
```html 1 79. In Rv. David Jenkins & Ors8 the Judgment of Moses LJ stated that the case of 2 Turner no longer had any relevance as a reliable guide to the appropriate level of 3 sentence for armed robberies. In Jenkins the Court English Court of Appeal was 4 dealing with a case where the Appellants were involved in a number of robberies of 5 security guards delivering cash to Building Societies at night. Furthermore, on the 6 occasion of the last robbery the Appellants were confronted by armed police and 7 there was an exchange of fire in which the principal robber was shot dead. The 8 English Court of Appeal in the headnote said, 9 “The issue is whether the starting point of 25 years is too high for this type of 10 robbery.” 11 The Court stated: 12 “Those who choose to involve themselves in such offences must expect the most 13 serious of sentences.” 14 15 80. In Jenkins the English Court of Appeal referred to the cases of McCartney9 and 16 Atkinson & Smith10 and said those cases demonstrated that the maximum sentence 17 for a number of armed robberies where violence was actually used appeared to be in 18 the region of 25 years. The Court had been persuaded that, in order to achieve 19 consistency, the starting point of 25 years was too high. They considered that those 20 sentences which might be on the low side for robberies in which robbers were 21 prepared to use and fire loaded guns in seeking to attack security guards. In Jenkins 22 the appeal took the starting point 2 years and 1 month and the Court of Appeal 23 appropriate years and gave sentences of 21 years and 1 month and 17 years 24 respectively. ```
```html 1 81. In Rv Thomas, Thomas & Ors11 the appellants were concerned in a robbery of a 2 jewellery store where jewellery worth f40 million was stolen. One appellant was 3 convicted of kidnapping and possession of a firearm and a second appellant was 4 convicted of possession of a firearm along with the conspiracy to rob the jewellery 5 store. In Thomas three of the Appellants entered the Jewellery Store carrying 6 imitation firearms which had been converted to fire live ammunition. Four of the 7 staff were ordered to the ground and ordered not to look and a fifth employee was 8 ordered to open the display cases. One of the appellants grabbed an employee as a 9 hostage for approximately 40 seconds in order to facilitate their escape. Death 10 threats were made to the hostage and other employees. A security guard approached 11 two of the robbers as they went to their getaway car and one of the appellants fired 12 a shot to the ground. Further shots were fired to allow the appellants to escape and 13 escape vehicles had been put in place. 14 15 82. Although the value of the jewellery was higher in Thomas than in this case, and 16 although in Thomas shots were fired to enable the robbers to escape, there are 17 many striking similarities. There was significant planning, it was a jewellery store, 18 the robbers carried a firearm to execute the robbery, they had face masks to conceal 19 their identity and they subjected staff and members of the public to a terrifying 20 experience. In Thomas the employee was restrained for 40 seconds. In this case the 21 unfortunate security guard was dragged along the store floor and, in the process, cut 22 by tllass, and re gun held to 23 o him for a he broken gstrained with period of 8 1 a6 23 nds. 24 11 [2012] I Cr. App. R (S) 43 Sentence Judgment. Ind. No.0002/14 & 0006/14. Rv. Christopher Myles, James McLean, Jonathan Ramoon. Coram Quin J. Date: 19.1.15 Page 23 of 37 ```
The robbers in *Thomas* were sentenced to terms of imprisonment varying from a total of 23 years down to a total of 16 years. The Court of Appeal reviewed the relevant case law, considered the totality of the sentences imposed on the appellants and concluded that none of the sentences was manifestly excessive or wrong in principle. | Sentence Judgment. Ind. No.0002/14 & 0006/14. R v. Christopher Myles, James McLean, Jonathan Ramoon. Coram Quin J. Date: 19.1.15 | | --- | --- | | Page 24 of 37 |
```markdown # POSSESSION OF A FIREARM ## Section 39(2) of the Firearms Law (2008 Revision) "(2) Notwithstanding sections 6(2) and 8 of the Criminal Procedure Code (2006 Revision), the court of summary jurisdiction or the Grand Court before which the individual pleads guilty or is convicted, shall: (a) in a case where the individual pleads guilty, impose a sentence of imprisonment for a term of at least seven years (with or without a fine); or (b) in any other case, impose a sentence of imprisonment for a term of at least ten years (with or without a fine), unless the relevant court is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so; and such exceptional circumstances shall be stated by the relevant court." ## There are no exceptional circumstances and counsel for Defendants McLean and Ramoon accept that they are liable to a minimum of seven (7) years' imprisonment. ## In the English Court of Appeal case of *R v. Avis et al*12 the then Lord Chief Justice Lord Bingham asked the four questions which a sentencing court should ask itself: "The appropriate level of sentence for firearm offences will depend on all the facts and circumstances relevant to the offence and the offender. It will usually be appropriate for the sentencing court to ask itself a series of questions: (1) What sort of weapon is involved? Genuine firearms are more dangerous than imitation firearms. Loaded firearms are more dangerous than unloaded firearms. Unloaded firearms for which ammunition is available are more dangerous than firearms for which no ammunition is available. Possession of a firearm which has no lawful use (such as a sawn-off shotgun) will be more dangerous than lawful use." ## [1998] 2 Cr App R. (S) 178 Sentence Judgment, Ind. No.0002/14 & 0006/14. R v. Christopher Myles, James McLean, Jonathan Ramoon. Coram Quin J. Date: 19.1.15 Page 25 of 37 ```
```html 1 (2) What (if any) use has been made of the firearm? It is 2 necessary for the Court, as with any other offence, to 3 take account of all circumstances surrounding any use 4 made of the firearm: The more prolonged and 5 premeditated and violent the use, the more serious the 6 offence is likely to be. 7 (3) With what intention (if any) did the Defendant possess 8 or use the firearm? Generally speaking, the most 9 serious offences under the Act are those which require 10 proof of a specific criminal intent (to endanger life, to 11 cause fear of violence, to resist arrest, to commit an 12 indictable offence). The more serious the act intended, 13 the more serious the offence. 14 (4) What is the Defendant's record? The seriousness of 15 any firearms offence is inevitably increased if the 16 offender has an established record of committing 17 firearm offences or crimes of violence." 18 19 87. In Rv. Avis et al Lord Bingham went on to state: 20 21 22 23 24 “Given the clear public need to discourage the unlawful possession and use of 25 26 27 28 29 30 31 32 33 34 35 firearms both real and imitation, and the intention of Parliament expressed in a 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 continuing increase in maximum penalties, the court should treat any offence 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 against the provisions of the Firearms Act 1968 as amended, as serious." 87 88. The Cayman Islands Court of Appeal in the case of Chavarria-Atily v. R13 applied 89 Lord Bingham's dicta in Rv. Avis et al. The Acting President Forte JA set out Lord 90 Bingham's guidelines and added the following words at paragraph 10 of his 91 Judgment: 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737
```html 1 89. Therefore, in the case before this Court I follow the Court of Appeal in adopting 2 Lord Bingham's guidelines and ask myself the same questions: 3 A. What sort of weapon was involved?: The firearm - a .38 Spl Smith and 4 Wesson loaded with live ammunition. As the Acting President Forte JA 5 stated in Chavarria-Atily v. R: 6 7 8 “The mere possession of a firearm, even without any intention 9 to use it for a criminal offence, can still be a danger to the 10 11 12 B. What (if any) use has been made of the firearm?: It is this Court's view 13 14 15 16 that the robbers used the firearm to immobilize the security and drive 17 18 19 20 21 22 feart into the staff so that they could carry out their robbery. 21 21 Sentence Judgment. Ind. No.0002/14 & 0006/14. R v. Christopher Myles, James McLean, Jonathan Ramoon. Coram Quin J. Date: 19.1.15 Page 27 of 37 ```
AGGRAVATING FACTORS

¶ [90] I have covered the mitigating factors as set out by Defence counsel for their respective clients. I turn now to examine what aggravating factors were present and the degree of aggravation with each factor.

¶ [91] There is clear evidence that this robbery involved significant planning. The four robbers all had specific roles.

¶ [92] The Defendant Ramoon’s role was to silence the security guard by use of the loaded firearm. The Defendant McLean’s role was to enter the store and break the glass showcases after the security guard had been rendered impotent. The Defendant McLean proceeded to use his hammer to break the glass showcase in which the jewellery was on display. The unknown fourth robber followed the Defendant McLean, selected the jewellery, collected the items and put them in the yellow bag. All four robbers had specifically defined roles and all three defendants before this Court made essential contributions. The Court has not been provided with any evidence as to which, if any, of the four men involved in this robbery, was the ringleader.

¶ [93] I think it is appropriate to remind myself of the provisions of s.19 of the Penal Code (2013 Revision) which reads:

¶ [19] When two or more persons form a common intention to prosecute ful purpustion with a ``` The document is a sentence judgment for the case "R v. Christopher Myles, James McLean, Jonathan Ramoon." The judgment was delivered by Coram Quin J. on 19.1.15.
This was a classic joint enterprise in which all four robbers played a separate and significant role to prosecute the unlawful purpose. The UK Sentencing Guidelines state: *Group offending will aggravate an offence because the level of intimidation and fear is likely to be greater.* The wearing of disguise to conceal the identities of the robbers indicates a high degree of planning. Not only did they disguise their faces but the Defendant McLean had a pillow hidden in his clothing to disguise his true size and shape. In addition, the robbers wore gloves to prevent the transfer of any fingerprints or DNA. Another aggravating factor is the high value of the items stolen. This again demonstrates a highly planned and professional robbery and the Court must take the high value into account. The CNB Robbery involved the theft of $500,000. This robbery of the Diamonds International Store in George Town involved the theft of jewellery of over $800,000. Probably the single most aggravating factor is that the robbers used a loaded revolver to execute the robbery. To use this firearm and point it at the security guard to ensure that the other robbers were left free to carry out the robbery was intended to and did instill a very high degree of fear amongst the staff and the custstore. Sentence Judgment. Ind. No.0002/14 & 0006/14. R v. Christopher Myles, James McLean, Jonathan Ramoon. Coram Quin J. Date: 19.1.15 Page 29 of 37
```html 1 98. Yet another aggravating factor was that the victims were particularly vulnerable. 2 There were young girls and future mothers - all who experienced fear, terror and 3 possible life-long trauma. The security guard said he was extremely frightened and 4 scared. This never happened to him before, and he could only think of his wife and 5 his children and he described this robbery as the most frightening thing that had 6 ever happened to him. The victims in Diamonds International were particularly 7 vulnerable. There were several young girls and also some girls who were pregnant. 8 One can see from the CCTV footage that these girls were terrified by the sight of 9 three masked men entering the store with a revolver and a hammer to carry out a 10 violent armed robbery. Furthermore, the situation was exacerbated by the fact that 11 there were innocent tourists who were just coming off the cruise ships to shop and 12 see the islands. 13 99. One can only imagine the effect this robbery on New Year's morning had on the 14 hundreds of tourists who had disembarked from the cruise ships. The tourists who 15 were in the vicinity must have been shocked and frightened at the sight of three 16 masked robbers entering a major jewellery store on the front street of George Town 17 on New Year's morning. Word of this armed robbery must have spread like wild 18 fire amongst the tourists who visited Grand Cayman on New Year's Day 2014. 19 Such a robbery could seriously jeopardise the tourist industry in the Cayman 20 Islands. Cruise ships and their passengers, upon hearing of such a robbery taking 21 place in the very centre of the city, in broad daylight, when families and children 22 may view that gr iminal ace Day, of alwel avman 23 in the wonl everywhere and child 24 Islands. If this negative image pervades it could lead to tourists thinking twice of 25 visiting or returning to these islands. Sentence Judgment. Ind. No.0002/14 & 0006/14. Rv. Christopher Myles, James McLean, Jonathan Ramoon. Coram Quin J. Date: 19.1.15 Page 30 of 37 ```
The Defendants have failed to reveal the identity of the unknown fourth robber. The case law states that this failure to assist the authorities cannot be classified as an aggravating factor. However, it does, to some extent dilute the sincerity and genuineness of the robbers' professed remorse. To put it another way, if the robbers, now before the Court had delivered up the identity of the fourth robber, then their assistance would then have been a significant mitigating factor, which would have resulted in a considerable reduction in sentence. The Court also notes that there has been no voluntary return of the missing rings nor has any information been provided as to the likely whereabouts of this jewellery. This fact also dilutes the sincerity and genuineness of the defendants' professed remorse. | Grand Court | | --- | | Cayman Islands | Sentence Judgment. Ind. No.0002/14 & 0006/14. R v. Christopher Myles, James McLean, Jonathan Ramoon. Coram Quin J. Date: 19.1.15 Page 31 of 37
CONCLUSION

¶ [102] In my view, this armed robbery falls under Part II of the SGC Guidelines, in that it can properly be described as a "professionally planned commercial robbery". The Penal Code provides for a sentence of life imprisonment and the Chief Justice's Guidelines state that a first offence of robbery involving the use of a firearm could attract a tariff of 14 years.

¶ [103] The English Court of Appeal decision of *Thomas* has very striking similarities to this case, and in that particular case the Court of Appeal upheld terms of imprisonment from 23 years down to a total of 16 years.

¶ [104] The UK Guidelines are promulgated to provide guidance for the Courts of England and Wales as to sentencing for all criminal offences. England and Wales has a population of approximately 58 million. Grand Cayman has a population of just over 58,000 with a land area of approximately 123 sq. mls. Consequently a professional planned commercial robbery of the kind that has been perpetrated in this case has a much more damaging effect on a small jurisdiction such as the Cayman Islands. As Lord Judge said at paragraph 62 in *Thomas*: ``` "... the fact-specific nature of the criminal activity involved in each offence remains the paramount consideration."

¶ [105] I adopt this dicta of Lord Judge particularly as it relates to Count 1 on this indictment. --- **Sentence Judgment. Ind. No.0002/14 & 0006/14, R v. Christopher Myles, James McLean, Jonathan Ramoon. Coram Quin J. Date: 19.1.15** Page 32 of 37
```html 106. In the past five or six years we have seen what the Cayman Islands Court of Appeal has described as a “massive increase in offences under the Firearms Law.” The Cayman Islands has also experienced a corresponding massive increase in armed robberies. It is a very sad and depressing state of affairs that all commercial properties and their staff must be protected from robbers by security guards. In the best interests of these islands all residents must consider it a duty to support the RCIPS in its efforts to combat these evil and violent crimes. People must know something about the identity and whereabouts of the fourth robber who regrettable is still at large along with the unrecovered jewellery. 107. This was a most violent armed robbery by three masked men armed with a firearm and a hammer. A large number of innocent staff and innocent tourists were put in fear of their lives. There is a distinct absence of meaningful mitigating factors in this case and a large number of very serious aggravating factors. The crime is of a higher value than the CNB bank robbery, which was said to be the largest in the Cayman Islands, if not the Caribbean. This armed robbery of Diamonds International also has a very detrimental effect on the reputation of the Cayman Islands. If our islands are thought to be losing the battle against crime, this would have a very damaging effect on our tourist industry. This is a serious aggravating factor and the Courts are entitled to take it into account. Therefore, in light of the many serious aggravating factors, in my view, the starting point for the offence of robbery in this case is 14 years’ imprisonment. I find that the appropriate sentence for the defendant for the two of the three, for the Sentence Judgment. Ind. No.0002/14 & 0006/14. Rv. Christopher Myles, James McLean, Jonathan Ramoon. Coram Quin J. Date: 19.1.15 Page 33 of 37 ```
```html 108. Sentence for Defendant Ramoon: The Defendant Ramoon has nine (9) previous convictions - including one for possession of an unlicenced firearm. Accordingly, his sentence is 19 years' imprisonment for Robbery and 14 years' imprisonment for Possession of an unlicensed firearm. I address considerations related to the guilty plea later. 109. Sentence for Defendant McLean: The Defendant McLean has two (2) previous convictions - one for failing to surrender to custody (dated September 2013) and one for consumption of ganja (dated September 2013). Regrettably, this Defendant played a major role in the robbery and, accordingly, his sentence is 16 years' imprisonment for Robbery and 8/10 years' imprisonment for Possession of an unlicensed firearm and, again, I address considerations for the guilty plea later in this Judgment. 110. Sentence for Defendant Myles: The Defendant Myles has fifteen (15) previous convictions - although none for offences of dishonesty but several for offences of violence. Accordingly, his sentence is 12 years' imprisonment for Robbery. Again, I address considerations for the guilty plea later in this Judgment. ``` This is a faithful transcription of the page, using Markdown for headings and paragraph structure, HTML for tables, and LaTeX for math. The content is taken directly from the image provided.
REDUCTION IN SENTENCE FOR GUILTY PLEAS

¶ [111] In England, the question of a reduction in Sentence for a guilty plea is dealt with by the Criminal Justice Act of 2003. In the Cayman Islands we have no corresponding statutory provisions.

¶ [112] It has been the practice of our Courts to follow the UK Sentencing Guidelines promulgated for reductions in sentences for guilty pleas in July 2007 and therefore accord defendants who plead guilty at the first reasonable opportunity will be entitled to a 33 1/3 % reduction of a prison sentence. However, in order to gain the full reduction, a defendant must either plead guilty, or give an unequivocal indication that he will plead guilty at the first reasonable opportunity. This did not happen in this case.

¶ [113] Where the admission of guilt comes later than the first reasonable opportunity the reduction in sentence will be less. If it is after a trial date has been set, the reduction would be in the region of 20% to 25%. And, if the plea of guilty is entered at the trial or just before the trial it would be in the region of 10%.

¶ [114] Where, as in this case, the prosecution case is overwhelming, it may not be appropriate to give a full reduction, as the Defendants have been caught in the act of a robbery with a firearm. In these circumstances paragraph 5.4 on page 6 of the UK Sentencing Guidelines is relevant and it states: ``` "Where a defendant that has entered a guilty plea at the first opportunity should be given a reduction in sentence, the court should consider whether the reduction should be greater than 10% and whether a reduction of 10% is proportionate in the circumstances of the case." ``` Where a Court that has considered the above paragraph and has concluded that a reduction in sentence of 10% is proportionate in the circumstances of the case, the Court may give the defendant a reduction in sentence of 10%. Sentence Judgment, Ind. No.0002/14 & 0006/14. R v. Christopher Myles, James McLean, Jonathan Ramoon. Coram Quin J. Date: 19.1.15 Page 35 of 37

¶ [115] In this case, the Defendant Ramoon pleaded guilty on the 5 th June 2014. The Defendant McLean pleaded guilty on the 24 th July 2014. The Defendant Myles pleaded guilty to Count 1 on the 3 rd August 2014.

¶ [116] As a result of the overwhelming prosecution case and the delayed guilty pleas, the Court is ordering a discount of slightly more than 20 % for each Defendant and therefore, the sentences are as follows: i. Defendant Ramoon: A. Count 1 – 15 years’ imprisonment B. Count 2 – 12 years’ imprisonment – to run concurrent. ii. Defendant McLean: A. Count 1 – 12 years’ imprisonment B. Count 2 – 7 years’ imprisonment – to run concurrent. iii. Defendant Myles: A. Count 1 – 10 years’ imprisonment. ``` This is the transcription of the provided document, maintaining the original structure and content.
ASSISTANCE BY COMMISSIONER BAINES AND OTHERS

¶ [117] Mme. DPP has quite properly acknowledged the decisive and courageous intervention by Commissioner Baines. Had Commissioner Baines not acted so quickly in ramming and immobilising the getaway car used by the robbers, and had he not pursued the robbers – eventually stopping Defendant Ramoon in flight – all the robbers could have escaped and avoided apprehension. The country is grateful for the quick and brave actions of Commissioner Baines in trapping the getaway car and Defendant Ramoon.

¶ [118] The Court also acknowledges the brave and timely interventions by the head of security at Diamonds International, Mr. Micic, and the two courageous members of the public who, with little regard for their own safety, assisted in apprehending Defendants Myles and McLean. Their actions remind all of us of our duty to assist the RCIPS in their efforts to combat the very regrettable rise in crime that the Cayman Islands has experienced in the past six years. ## Dated this the 19 th January 2015 Honourable Mr. Justice Charles Quin Q.C. Judge of the Grand Court --- Sentence Judgment, Ind. No.0002/14 & 0006/14. R v. Christopher Myles, James McLean, Jonathan Ramoon. Coram Quin J. Date: 19.1.15 Page 37 of 37