Judgment — canary

Cause Number

SCA 0020/1986

Court

CIGC (Crim)

Judge

Hull CJ

Parties

Agnes Connolly Brathwaite v R (Minute of Order)

Judgment Date

1986-06-19

Subject

Theft

Filename (current)

86-06-19_agnes_connolly_brathwaite_v_r.pdf

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In the Grand Court of the Cayman Islands — Criminal Division

Cause No. SCA 0020/1986

Between

Agnes Connolly Brathwaite

- v -

R (Minute of Order)

Before
Hull CJ

Judgment delivered 1986-06-19

Minute of Order

AGNES CONNOLLY BRATHWAITE
V
REGINA

19/6/86 Hearing of Appeal
Order: On the facts found by the learned Magistrate a technical offence of theft was committed.

However, in view of all the circumstances, and in particular the repayment of all the money before the charge was laid, it is surprising that this matter was allowed to proceed to conviction despite the request of the prosecution to withdraw the charge.

As it is, there are no grounds for my intervening on the conviction. Having regard to the matter as a whole I think a nominal sentence would suffice.

Accordingly, I set aside the suspended sentence and fine and substitute therefor a conditional discharge.

Chief Justice