Collett CJ
IN THE GRAND COURT OF THE CAYMAN ISLANDS
HOLDEN AT GEORGE TOWN
BEFORE THE HON. THE CHIEF JUSTICE
On 29th April 1988
29-04-88
Summary Court Appeal No. 145 of 1987
BETWEEN
DON MARCUS NIXON
AND
REGINA
APPELLANT
RESPONDENT
Mr. Furniss for Appellant
Mr. Simpson for Respondent
COLLETTI, C.J.
JUDGEMENT
Although for a man of the Appellant's record 18 months immediate imprisonment is an entirely proper sentence for a daytime housebreaking and theft of this kind. Nevertheless bearing in mind his plea of guilty to this as well as the other offences charged and the recovery of all the stolen property I believe that it would have been proper to have suspended part of that sentence.
I will therefore allow the appeal against sentence in part by ordering that 9 months of the 18 months imprisonment imposed in case 4738 be suspended for 12 months after the appellant's release.
It must be observed that the record of proceedings in the Summary Court as to the sentences passed is not clear. Some sentences are stated as consecutive and some as concurrent without specifying what they are consecutive to or concurrent with. I would urge magistrates in every case where sentences are passed on more than two charges to specify in detail what each of the sentences passed are consecutive to or concurrent with, so that confusion can in future be avoided.
Dated 29th April 1988.
Chief Justice