Judge wants change in system to allow unrepresented accused to plead guilty early

A High Court judge has called for a system to be put in place by the Office of the Director of Public Prosecutions (DPP) to allow unrepresented persons on remand who wish to plead guilty, to do so at the earliest opportunity.

Justice Jacqueline Cornelius made the recommendation on Friday in the No. 3 Supreme Court while sentencing career criminal David O’Brien Best to 14 more years behind bars for three offences.

The judge explained that while persons who were represented by lawyers had means of getting their cases fast-tracked if they intended to plead guilty, it was not as easy for unrepresented persons to do so.

She said Best was a perfect example of that since, even though he had signaled his intention to plead guilty early, he was still made to wait some time until he was allowed to do so.

“I have noted that you [Best] first approached the court while you were serving a sentence to plead guilty to these matters, and again, I repeat, this court is anxious to see a specific process set up in the DPP’s office together with the prison, where people who are desirous of pleading guilty but are not represented by counsel may make the first approach in writing to the court. Otherwise, people are forced to apply for bail in circumstances where bail is not going to be granted so that they can come to court,” Cornelius said.

“There are people who, over the course of the last few years, we know wished to plead guilty. If they have lawyers their lawyers can advise them; however, if they do not have a lawyer it is difficult for them to initiate the process to come to court to plead guilty.”

Moments later, Justice Cornelius imposed some lengthy sentences on Best, whose 105 convictions between 1992 and 2018 she described as a “remarkable catalogue of offending”.

Of those, 88 were burglary convictions, while others included theft, possession of a firearm and possession of cocaine.

Justice Cornelius said on May 29, 2018, Best, who is currently serving a five-year sentence at HMP Dodds, pleaded guilty to almost 75 of those charges.

The 50-year-old criminal of Thornbury Hill, Christ Church, was back for sentencing after pleading guilty to entering a married couple’s residence on September 5, 2017, and stealing property valued $34 137 belonging to both of them. He was also armed with a knife and indecently assaulted the husband.

Best had also admitted to entering another residence sometime between May 17 and 18 and stealing $68 in cash while armed with a piece of wood.

Justice Cornelius told Best he had graduated from simple burglary to aggravated burglary during his life of crime, which began from adolescence.

She told the convicted man the court was minded to impose lengthy prison sentences for his actions.

Speaking specifically to the break-in at the couple’s home, Justice Cornelius told Best his actions had resulted in the husband dealing with anxiety since the incident. She said that, in a victim impact statement, he had described it as a “terrible ordeal” and he had since spent $10 000 upgrading his home security, including acquiring a firearm and dogs.

“If the public is to learn anything from [his] ordeal, Mr Best, it is that persons’ security cannot be taken lightly in these times when there are persons such as yourself who are willing to prey on the unwary, careless or naive,” Justice Cornelius said.

The judge said she had arrived at a starting point of 22 years for that offence.

She then deducted one year for the delay in sentencing due to the COVID-19 pandemic and a further one-third discount for the early guilty plea.

Justice Cornelius then sentenced Best to 14 years, minus the four days he had spent on remand.

He was also sentenced to two years for the indecent assault. The sentences are to run concurrently.

In sentencing Best for breaking into Chase’s home, Justice Cornelius admitted this offence was slightly less serious. She said he had armed himself with a piece of wood which he had found inside the house and had not gone armed.

Best told police he had spent the money on food and drugs.

However, Justice Cornelius told him it was still a very serious offence.

“For food and a little drugs you subjected this lady to some extreme terror,” Justice Cornelius said.

She said the court had determined a starting point of 20 years was appropriate.

Taking into consideration the delay in sentencing and the one-third discount for his early guilty plea, Justice Cornelius said the sentence was 12 years and seven months.

That sentence is to run concurrently with the other sentences.

However, Justice Cornelius agreed with prosecutor Senior Crown Counsel Neville Watson’s submission that Best’s sentences should begin after his current five-year sentence comes to an end on February 26, 2022.

“The gravity of your offences has indicated that a substantial period of imprisonment is necessary to protect the public, and it is proportionate with your offences. I hope that during your period of incarceration that you give serious thought to what you have chosen as a career.

“I don’t think that when this sentence is finished that you really would have sufficient time left to again engage and continue to engage in your life of crime. I hope not,” Justice Cornelius told him.

The judge also lauded attorney-at-law Seantelle Parris who represented Best throughout the sentencing period after he indicated he could not read sufficiently to represent himself.