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Judgment

Sharmene Lenita Bush v R

SCA 0074/1988 · 1988-06-10

Appeal against custodial sentence; Consideration of exceptional family circumstances; Exercise of judicial mercy and compassion; Variation of sentence terms

Full metadata
Cause Number SCA 0074/1988
Court CIGC (Crim)
Judge Collett CJ
Parties Sharmene Lenita Bush v R
Judgment Date 1988-06-10
Subject Appeal against custodial sentence; Consideration of exceptional family circumstances; Exercise of judicial mercy and compassion; Variation of sentence terms
Filename (current) 88-06-10_sharmene_lenita_bush_v_r.pdf
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In the Grand Court of the Cayman Islands — Criminal Division
Cause No. SCA 0074/1988
Between
Sharmene Lenita Bush
- v -
R
Before
Collett CJ
Judgment delivered 1988-06-10

In the Grand Court of the Cayman Islands
Holden at George Town, Grand Cayman
Before the Hon. The Chief Justice
On the 10th June 1988

Summary Court Appeal No. 74 of 1988

SHARMENE LENITA BUSH
V
REGINA

Mr. R. Alberga Q.C. and Mr. K. Collins for the Appellant
Mr. S. Brooks for the Respondent

COLLETT, C.J. JUDGEMENT

Having considered counsel's very helpful submissions on behalf of the Appellant this Court is constrained to agree that the family circumstances of this Appellant and in particular the circumstance that the sentence under appeal will deprive two young children of all parental care for the best part of a year deserves to be regarded as exceptional and to call for the exercise of mercy and compassion as was considered appropriate by the English Court of Appeal in the cases cited by counsel.

In normal circumstances I should have regarded the sentences passed upon this Appellant as not inappropriate for the offences to which she pleaded guilty in view of the amount involved and the position of trust which she occupied. In the exceptional family circumstances revealed, this Court is entitled to regard the imposition of an immediate custodial sentence as inappropriate.

Accordingly the appeal against sentence is allowed in part and the
sentence passed in case 6689/87 is varied so that all but 10 days of the two years imprisonment passed in that case is suspended for 2 years and the sentences of 12 months imprisonment passed in cases 6688 and 6690 to be served concurrently are likewise varied so that all but 10 days of those terms are suspended for 2 years. The effect will be to permit the Appellant's immediate release from prison. The restitution order in her case will stand.

Dated the 10th June, 1988.

G. Collett.

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