Thief jailed for trespassing and stealing avocados

A 46-year-old man who cried during his arraignment was sentenced to prison after he trespassed into another man’s property with the intent to commit theft.

Felix Lavia of Mckies Hill wiped tears from his eyes while asking that the court place him on a bond and allow him to compensate the virtual complainant.

Lavia appeared at the Kingstown Magistrate’s Court before Magistrate John Ballah on Wednesday, November 8, 2023 where he pleaded guilty to all his charges.

He was charged that on September 22, 2023 at Mckie’s Hill, he stole six avocados valued EC$30, the property of a Colville Bramble of Mckies Hill.

He was also charged that on the same date at Kingstown, he entered farm land belonging to Bramble, with the intent to commit the offence of theft.

The facts, which were read by PC 196 Constantine, stated that Bramble knows Lavia very well, as Lavia had a tendency of picking his farm produce. On the given date at about 10:30 am, Bramble was in his workshop at his home when he heard footsteps on his house roof.

Bramble went outside and saw Lavia on his roof picking avocados off his trees. Bramble shouted out to Lavia and asked him what he was doing picking his avocados. After which, Lavia jumped off the house roof and ran.

Bramble reported the matter to the Criminal Investigations Department at the Central Police Station in Kingstown where PC 35 Nichols entertained this report.

At about 11:45 am on the same day, Nichols visited the scene along with Bramble. Then on the next day, at about 3:30 pm, Nichols met Lavia at the police station, identified himself to Lavia, then informed him of the report that was made against him.

Nichols then cautioned and interviewed Lavia in the presence of another police officer. Lavia volunteered a statement denying the allegation made against him. Later that day, Lavia was discharged from the station and Nichols carried out further investigations into the matter.

On Tuesday, November 7, 2023 about 4:30 pm, Lavia was taken into custody by 427 Henry. Later on the same date, Nichols arrested and charged Lavia for the offence of criminal trespass and theft.

He has antecedents before the court.

When the magistrate asked Lavia what he did with the avocados, Lavia told the court, “I take them and get them home.”

He also told the court that he is currently employed and has $10 on hand.

Lavia was fined $200 to be paid forthwith. Failure to do so will result in one month imprisonment. He was also ordered to compensate Bramble $30 forthwith. Failure to do so will result in one week imprisonment.

As for the criminal trespass, the maximum sentence for this offence is two years. The court began with a starting point of a five month custodial sentence. There were no mitigating or aggravating factors of the offence or the offender.

The court then considered Lavia’s guilty plea and offered a two month discount. He was sentenced to three months imprisonment for this offence.