Senior Magistrate clarifies sentencing of persons under 18

Senior Magistrate, Rickie Burnett who presides over the Kingstown Magistrate’s Court addressed the court on February, 24 regarding the sentencing of persons under the age of 18.

The senior magistrate’s address came one week after he sought the assistance of the Director of Marion House, Jeannie Ollivierre for a 16 year old who was found guilty of burglary and damage to property.

The teen was one of three cocaine addict defendants who were all found guilty of entering Platinum Divas store as trespassers and stealing items valued at $68,150.

He was also found guilty of damaging a 38 x 33 glass window valued at $1000 without lawful excuse.

The youngster who lives on the street told the court that he was influenced to use cocaine and his mother is deceased. He also said that both his brother and his father are in prison.

After Ollivierre was asked to turn up to court, the juvenile was sent to Marion House to enrol in the Youth Assistance Programme for one year; alternatively, he would spend 12 months in prison.

The senior magistrate was seeking to find an appropriate sentence that was in line with the Eastern Caribbean Supreme Court’s guidelines that for offenders like the 16 year old, prison was not be the best place for them.

Last Friday, when the defendant was taken back to court, Burnett said that in the sentencing guidelines, there is a special practice direction that the Hon. Chief justice, Janice Pereira gave to judicial officers when sentencing persons under the age of 18.

He decided to read the entire document to the court saying that it is not something that he had ever done.

“I choose to articulate these principles so when these young people come to the court these are the principles that go through the court’s mind,” he said.

He told the court that his sentence for the teen remains. However, because there appears to be some misunderstanding of the sentence he decided to bring the youngster back to court.

Burnett said that he usually summons officials from the state who will go before the court and make representation on behalf of their ministry.

“I am not aware of a place where I could have sent [the teenager], nor a government institution that he could have been sent apart from the prison, and in my view prison was not the place for him,” the senior magistrate said.

He added that since he has been presiding over the Kingstown Magistrate’s Court, he usually sends persons to Marion House for help.

“So when the sentencing of [ the teenager] came before me, I was looking for a way to try and maybe rehabilitate him if that was possible.”

He also said that during the sentencing exercise it had come to his attention that the police took the teen to the Mental Health Centre (MCH), but he fled. Burnett added that in that respect, the state would not be able to secure the teenager even though he was placed in a secure space at the MCH.

He said when he ordered that the teenager enrols at Marion House it was not the intention of the court to imprison him there, but rather for him to access the services of Marion House for one year. “I could not have imprisoned him at Marion House,” Burnett clarified.

He also noted that Ollivierre said she can secure him but he did not expect her to house him, unless she is willing to do so.

The magistrate also explained that “he was not placed on a curfew so if he is seen on the road I do not feel that there is a basis to arrest him”. He made it clear that he called everyone to explain the sentence because he thought that it has been creating some problems.

SEARCHLIGHT understands that after the teen was sent to Marion House on February 17, he was seen back on the streets of Kingstown and after a few days he was arrested by the police.

Burnett made it clear that “even if he was seen on the road he was not sentenced to a one year term at Marion house”.

Ollivierre told the court that she reached out to the Liberty Lodge Boys Training Centre but they rejected the teenager.

Prosecutor, Corlene Samuel had told the court on February, 16 that the youngster was given several opportunities by the system.

She said he was at the Liberty Lodge Boys Training Centre on more than one occasion but he walked out.

“… Liberty Lodge tried over and over and the last time, he jumped the fence and left.”

Ollivierre also told the court that she had reached out to Dr. Providence at the Mental Health Centre so that the teenager can detox from what is inside his body, and the doctor had agreed once the court allows him to go there to be detoxed.

Ollivierre also said that she has been giving him his medication but a detox is needed. The Youth Assistance Programme (YAP) which is run by Marion House provides counselling, job placement and other support services to vulnerable young persons to help them get back on their feet. Each cycle, comprising different components, lasts for one year.