Youth gets 75 years in prison for stealing but will stay only 12

A 30-year-old serial burglar was today slapped with a total of 75 years in prison for committing numerous aggravated burglaries, burglaries, robberies and endangering the lives of several persons by discharging a firearm in a public place.

However, with the sentences running concurrently and deductions being made, Rashad Kemar Moore will spend just under 12 years at HMP Dodds.

Moore, of Vauxhall, Christ Church, was handed the stiff sentences by Justice Pamela Beckles when he reappeared in the No.5 Supreme Court on Tuesday morning.

He had previously pleaded guilty to entering the home of Joyce Welch and stealing property valued $5 054 on January 28, 2011, as well as entering the home of Michael Thorpe and stealing property valued $24 000 on the same date.

Moore also admitted to entering Ixora Restaurant with others and stealing items and money to the value of $6 000 whilst armed with a firearm on January 6, 2018. Additionally, he pleaded guilty to seven counts of endangering life or safety by discharging a firearm in the restaurant, which placed Dennis Tull, Carla Jones, Andre Coley, Janet Gibson, Merville Sealy, Wendell Coppin and David Duff in danger of death or serious bodily harm.

He also pleaded guilty to entering the dwelling house of Zoanne Roberts with others on September 5, 2014, and stealing property valued $5 800 belonging to her, $7 475 in property belonging to Dexter Crichlow and items valued $1 150 belonging to Subria Hood, while armed with a knife.

Moore further admitted to entering the dwelling house of Anthony Harper on September 7, 2014, with others, and stealing items valued $1 031.10 belonging to Harper and $150 in money belonging to Waveney Kellman, while armed with a knife and firearm.

He also pleaded guilty to entering the home of Henderson Scott and stealing items valued $14 358; entering Esso Paynes Bay with others and stealing $1 222.25 whilst armed with a knife; and entering the home of Anthony White, with others, with intent to commit the offence of theft, armed with knives and a firearm.

Moore further admitted to entering the home of Kerri Trotman and stealing items valued $1 950 belonging to her and items valued $18 969 belonging to Robert Carter, and that he also robbed Michelle Farrell of property valued $5 336.

He had 12 previous convictions – seven for burglary, two for robbery, one for criminal damage, one for possession of cannabis and one for going equipped.

Justice Beckles said a pre-sentencing report assessed that Moore had a high risk of reoffending based on antecedents, anger issues, lack of educational attainment, lack of long-term employment, association with negative individuals, and prolonged history with drug use.

She said two complainants told the court they had been affected significantly and asked for the full weight of the law to be brought down on Moore.

In handing down her sentence, Justice Beckles said the offences were so serious that a lengthy custodial sentence was necessary.

The judge pointed out to him that the maximum sentence for endangering lives was between 15 years and 25 years, aggravated burglary with a firearm or weapon of offence carried a maximum sentence of imprisonment for life, burglary had a maximum sentence of 20 years, while robbery carried a maximum 15-year sentence.

Justice Beckles told the convicted man that while the starting point for offences was not usually the maximum sentence, he fell into that category as he “had a long history of previous convictions spanning a period of 15 years, involving burglaries, robberies, criminal damage, possession of cannabis and going equipped”.

As a result, Justice Beckles told him the starting point for the offences of endangering life would be 23 years, 25 years for aggravated burglary, 15 years for burglary and 12 years for robbery.

She pointed to serious aggravating factors, including: the fact that his actions were premeditated and deliberate; weapons such as knives and firearms were used; the prevalence of such offences in society; the substantial number of offences Moore had committed; the fact they were committed for financial gain; the impact and inconvenience which the offences had on complainants, some of whom were traumatized; that a firearm was discharged in a public place recklessly, endangering the lives of many present, but never recovered; the value of the items taken; the entry and ransacking of person’s homes; that some of the offences took place in a public place; and the fact that some of the offences were committed by a group of persons.

“Having considered the number of serious offences before the court, the particular facts outlined in each case, together with your pre-sentencing report and the sentencing submissions, I have formed the opinion that these sentences are so serious that only a custodial sentence will do justice in these circumstances.

“I have determined that these offences must be marked by sentences that demonstrate society’s abhorrence of them. The sentence must not only deter you, Mr Moore, but must also deter potential criminal offenders,” Justice Beckles told him.

“The sentences must protect society from those who persist in high rates of criminality where the only way of curbing their criminality is through protracted sentences whose objective is to keep them away from society. The sentence must also engage the offender in activities that will assist him in the reintegration of society after prison.”

The High Court judge said the lone mitigating factor was that some of the stolen items were recovered and returned to their rightful owners.

She said several mitigating factors were taken into consideration in sentencing, such as Moore’s early guilty plea, the fact he had shown remorse, his youthfulness at the time the offences were committed and his full cooperation with police.

Beckles said two years would be deducted for the delay in sentencing which was no fault of his, a one-third deduction would also be given for his early guilty plea, along with the 1 387 days he had spent on remand.

Moore was then sentenced to 10 years, 73 days for the endangering life offences; 11 years 194 days for the aggravated burglaries; 4 years, 315 days for the burglaries; and 2 years, 320 days for the robberies.

“Having recorded the seriousness of these particular offences and bearing in mind the need to maintain public confidence in the administration of justice, as well as the impact of some of these crimes on this country’s international image, the court considered that these sentences should send the message that offences of this nature will not be tolerated and will attract lengthy periods of incarceration,” Justice Beckles told him.

She also ordered Moore to enrol in a drug rehabilitation programme as well as educational and vocational programmes while in prison.

Speaking to the matter of “parity of sentence”, Justice Beckles explained why Moore’s sentences were much harsher than his co-accused Nico James.

James was sentenced to 20 years in prison by Justice Laurie-Ann Smith-Bovell last November, after he too pleaded guilty to the aggravated burglary of Ixora Restaurant and the similar counts of endangering lives.

Justice Beckles pointed to the fact that James had two indictments while Moore had nine.

She said James also had much fewer previous convictions than Moore. Justice Beckles also pointed to the fact that James’ role of that as the getaway driver was also less significant than Moore who she said was a “full participant in the actual aggravated burglary and endangering lives”.

Justice Beckles told Moore his circumstances far outweighed James’ and that was the reason he received a much stiffer sentence.