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Man gets two years for home invasion

The home-invasion robbery of two men of money, jewellery and a cellular phone in 2004 has landed a Devonshire man a two-year prison sentence followed by one further year of probation, a judge has ruled.

Pusine justice Norma Wade Miller rejected defence lawyer Liz Christopher?s argument that there were no aggravating circumstances in the case against Jerkeyo David Berkeley in the robbery ? with another person, who was not before the court ? of Ronald Persal and Aaron Edness on April 15, 2004.

Elizabeth Christopher said a psychological report revealed Berkeley was easily led astray.

?Mr. Berkeley is based in the bottom four percent in terms of reasoning ability,? Ms Christopher said. ?In my experience its like dealing with a ten-year-old in terms of behaviours and reactions.

?He comes up to me in the street and says, ?Ms Christopher I?m scared?. They say also there was marijuana there,? she said.

She said the appropriate sentence ranged from nine months to 18 months in prison to be followed by a substantial period of probation.

The defence lawyer also argued that just because two robbers were present should not be an aggravating circumstance as there was an equal number of victims getting robbed.

But Puisne Judge Norma Wade-Miller did not accept Ms Christopher?s argument and sentenced Berkeley to two years in prison to be followed by one year of probation.

?The offence of robbery usually attracts a prison sentence,? Mrs. Justice Wade-Miller said. ?In this case there was the aggravating feature of two persons.?

Before sentencing Berkeley said he apologised to the ?two boys? he robbed and had hung around bad company in the past.

Berkeley, 27, of Alexandra Road, Devonshire pleaded guilty to robbing Mr. Persal and Mr. Edness in the company of another person.

Crown counsel Shakira Dill said at 10.50 a.m. that day, Mr. Persad was telephoned to say there were two masked men prowling outside.

He went to investigate and rushed back inside when he saw the masked men. But he did not lock the kitchen door behind him. Ms Dill said the victims were forced to sit in a corner of the kitchen and had their valuables removed, then were told to follow the robbers from room to room as they searched for valuables.

Mr. Persad and Mr. Edness were then told to lie face down on a bed before the robbers escaped, she said.

Police later found Berkeley?s fingerprint on a dresser in Mr. Persad?s home, she said.

The prosecutor said the maximum sentence for committing robbery with another person is 14 years imprisonment and recommended an immediate custodial sentence.

Investigating officer, P.c. Emerson Carrington told the court Berkeley was handed down a six-month prison sentence for wilful damage and attempted theft in 2001. Berkeley has admitted to casual drug use, was unemployed at the time and graduated high school with very little formal education.