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Female robber’s appeal denied

Denied: Zharrin Simmons

A young woman jailed for ambushing and robbing two people at knifepoint has lost her appeal against her conviction.

Zharrin Simmons, 22, was found guilty in July 2012 of two counts of robbery and sentenced to five years’ imprisonment on each count, to run concurrently.

She and two brothers — Ezra Williams, 29, and Ezra Ararat, 27 — targeted a couple sitting in a parked car on Hermitage Road in August 2011.

Williams and Ararat were also found guilty and jailed.

The victims, Kenneth Williams and Victoria DeCoute, told the jury two of their attackers had been armed with a knife and a machete.

The friends admitted they had been waiting in the Devonshire neighbourhood to buy marijuana when they were robbed.

While Ms DeCoute was at the hospital after the attack, she saw Simmons and recognised her as one of the assailants.

Simmons’ lawyer, Marc Daniels, appealed against her conviction on the grounds that the trial judge erred in law by failing to throw the case out because there was no case to answer, and erred during his directions to the jury regarding identification.

He argued that the identification of Simmons as one of the attackers by Kenneth Williams was from a fleeting glance, and that his attention would have been focused on the knife, not the assailants.

Mr Daniels also questioned the credibility of Miss DeCoute’s evidence given she failed to tell police at the hospital she had seen the female robber there.

But the Court of Appeal rejected both submissions and dismissed the appeal against the convictions. No appeal was submitted against the sentence.

The judgment was made public yesterday.