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Judgment

Orlando Knight v R - Ruling

SCA 0051/2002 · 2003-05-16

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In the Grand Court of the Cayman Islands — Criminal Division
Cause No. SCA 0051/2002
Between
Orlando Knight
- v -
R - Ruling
Before
Henderson J
Judgment delivered 2003-05-16

ORIGINAL IN THE GRAND COURT OF THE CAYMAN ISLANDS HOLDEN AT GEORGE TOWN, GRAND CAYMAN 16/5/03 SCA NO. 51/02 BETWEEN: ORLANDO KNIGHT - and - HER MAJESTY THE QUEEN Appellant Respondent R U L I N G Delivered by The Honourable Mr. Justice Henderson, on May 16, 2003, in George Town, Grand Cayman FOR THE RESPONDENT Ms. M. Smith-Andalcio FOR THE APPELLANT Mr. J. Furniss REPORTED BY: C. ROUSE OFFICIAL COURT REPORTER

Ruling 1 Friday, May 16, 2003 2 3 RULING 4 5 Henderson, J. (Orally): 6 7 Orlando Ashburn Knight appeals from a cumulative sentence of imprisonment for three years imposed upon him for nine burglary convictions. The learned Magistrate took the view that, had he been convicted after trial, the appropriate sentence would have been imprisonment for six years; however, in light of the defendant's pleas of guilty, the learned Magistrate discounted that figure by one-third to four years. She then gave a further discount, as she described it, to reflect the defendant's cooperation with the police, resulting in the sentence of three years. 20 21 Mr. Knight's criminal record is extensive and includes no less than ten previous convictions for this very offence, burglary. Some of these burglaries were of dwelling houses, others were of businesses. There is no evidence that a

Ruling 1 weapon was used and no evidence that anyone was 2 in the dwelling houses at the time of the 3 entry. 4 5 Mr. Furniss has said all that can be said on 6 Mr. Knight's behalf. I am not persuaded that 7 there has been any error in law or in 8 principle. The sentence is not clearly 9 excessive. If the sentence were open to any 10 criticism at all, it would be because it was 11 too lenient. The appeal is dismissed. 12 13 14 Henderson, J. 15 The Honourable Justice Henderson 16 17 18 19 REPORTER'S CERTIFICATE 20 21 Certified correct to the best of my skill and ability, 22 dated the 3rd day of June 2003. 23 24 25 Carol Rouse Friday, May 16, 2003

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