by Emmanuel Joseph
The local Court of Appeal today varied the sentence of High Court Judge Randall Worrell in a 14-year-old robbery case.
On June 8, 2015, Justice Worrell sentenced Davidson Joseph to 12 years in jail for stealing a cell phone valued at $399 on February 3, 2006. After all the adjustments were made, the judge ordered him to serve three and a half years behind bars.
Joseph appealed his sentence on the ground that it was excessive.
The appeal was heard on Thursday, November 12, 2020 and today, the Court of Appeal comprising Justices Rajendra Narine, Francis Belle and Jefferson Cumberbatch varied the sentence imposed for robbery to time served.
Joseph, who had also appealed a rape sentence by Justice Worrell that occurred on the same date as the robbery, was not as fortunate in having the matter similarly treated. On February 3, 2006 in the parish of St Michael, Joseph had sexual intercourse with a woman without her consent.
The appellate judges affirmed the sentence of eight and a half years for the rape, which the convicted man also suggested was excessive. The starting point for the rape sentence was 22 years, but after the appropriate adjustments were made, it ended up at eight and a half years.
The original sentence in the rape and robbery case that went to the appeal court was for both counts to run consecutively. However, the appeal court today also ordered that the sentences run concurrently.
Joseph was represented by Queen’s Counsel Michael Lashley.