One thief to pay $5 000, another gets over two years in prison

erry Andrew Ricardo Burnett has been ordered to pay a $5 000 fine for stealing from his father’s business account over a decade ago, while his co-conspirator will spend two years and three months more behind bars for that crime and other offences.

 

Burnett of 10th Avenue, West Terrace, St James, and Corey Athelbert Lynch of Matthew Road, Holder’s Hill, St James both pleaded guilty to the charge that between October 7 and 26, 2013, they stole $16 000 belonging to the City of Bridgetown (COB) Cooperative Credit Union Limited.

 

Lynch also confessed that on October 7, 2013, with intent to defraud, he forged a Bank of Nova Scotia cheque payable to himself in the sum of $16 000 knowing the same to be forged; that with intent to defraud, he uttered to COB Credit Union, a forged Bank of Nova Scotia cheque payable to himself in the sum of $16 000 knowing the same to be forged; and that with intent to defraud, he obtained from COB Credit Union $16 000 by virtue of a Bank of Nova Scotia cheque payable to himself in the sum of $16 000, knowing the same to be forged.

 

In addition, he pleaded guilty that with intent to defraud, he forged a Bank of Nova Scotia cheque payable to himself in the sum of $48 000 knowing the same to be forged and; that with intent to defraud, he uttered to COB Credit Union a forged Bank of Nova Scotia cheque payable to himself in the sum of $48 000 knowing the same to be forged.

These offences occurred on November 8, 2013.

 

According to the facts of the case, Lynch deposited two cheques at COB Credit Union and withdrew the sum of $16 000. However, he was unable to withdraw the funds from the $48 000 cheque because by that time, the business account owner realised money was withdrawn using a cheque purportedly issued to Lynch with whom he had never had a relationship, and the transaction was cancelled. Investigations revealed that Burnett had stolen two cheques from his father’s chequebook and had given those cheques to Lynch, who was able to withdraw the $16 000.

 

While Burnett told the police that he had only received $1 000 from the transaction, Lynch said in his statement that he had handed over the entire amount to Burnett who gave him $6 000 which he spent on partying and buying food and two tickets to Canada.

 

During the sentencing hearing in the No. 4A Supreme Court, Madam Justice Wanda Blair highlighted that Burnett’s pre-sentencing report indicated that he was at a medium risk of re-offending, was being treated for a substance-induced psychotic disorder, and had been gainfully employed for the past two years.

 

Lynch, however, was deemed as high-risk and had two previous convictions, including one in 2012 for criminal deception.

Giving a starting point of five years for the theft charge, the judge discounted one-third for the duo’s guilty pleas and one year for the delay.

 

Regarding Lynch’s offences of fraud, forgery and obtaining money on a forged instrument in relation to the $16 000, Justice Blair also gave a starting point of five years, while his final two counts were given a starting sentence of six years. These were reduced due to his early admission of guilt and the delay in the matter being brought to trial.

 

Pointing out that Burnett had only been charged with one count of theft, Justice Blair said a fine, rather than a custodial sentence, would meet justice in the case. The imposed fine of $5 000 must be settled in one month or Burnett will spend two years and four months in Dodds Prison.

 

In relation to Lynch, the judge said his sentence must be commensurate with the six offences he is convicted of and the fact that he has a previous conviction for a similar offence.

 

She ruled: “On counts one to four, he is sentenced to five years imprisonment, with discounts of 20 months for his guilty pleas, 18 months for the delay, and 216 days or seven months for time spent on remand. He therefore must serve an additional one year and three months for these offences.

 

“On counts five and six, he is sentenced to six years imprisonment, with discounts of 24 months for his guilty pleas, 18 months for delay, and 216 days or seven months for time spent on remand. He therefore must serve an additional two years and three months imprisonment.”

The sentences will run concurrently.