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Appeals court cuts sentence

The Court of Appeals cut a six-year sentence to four-and-a-half years for a man who robbed four people last year.

Lawyer, Elizabeth Christopher argued that Puisne Justice Carlisle Greaves? sentence was excessive because Jamiko Kenneth Bean did not have a weapon, had cooperated with Police and no one was seriously injured.

Bean, 23, of Mary Victoria Road, Devonshire pleaded guilty on January 21, 2005 to four counts of robbery using personal violence. The maximum penalty for robbery is 14 years but when a defendant admits guilt his sentence is usually reduced 50 percent, which means Justice Greaves would have sentenced Bean to 12 years if he had not plead guilty.

When Crown counsel Cindy Clarke was questioned about this she maintained that if the case had gone to trial the Crown would have recommended 12 years incarceration.

Appeals Court President Edward Zacca questioned the logic in this, asking what a man wielding a machete in a robbery would get.

Ms Clark replied: ?Fourteen years.?

Mr. Justice Zacca thought it wrong that a weapon wielding robber would get only two more years than a weapon free robber.

After thirty minutes of deliberation, the judges reduced the sentence to two years on each count of the first indictment, to run concurrently, and two-and-a-half years for both counts of the second indictment, also to run concurrently.

However, Mr. Justice Zacca said that the sentences for each indictment would run consecutively, which means in total Bean was handed a four-and-a-half year prison sentence.

The first indictment involved two robberies on April 30 while the second indictment involved two robberies on May 14. Mr. Justice Greaves sentenced Bean to six years for each indictment, to run concurrently.

Bean admitted to robbing Blaine Outerbridge of personal belongings on April 30. He also admitted to taking personal belongings from Hamish Burns later that day.

Ms Christopher argued that the charges in this indictment stemmed from a perceived personal grievance. Bean said the two young men provoked him when they chased him out of a party.

When he used violence against the young men they allege he told them it was because they jumped his little brother.

She also argued that Bean never brandished a weapon during his robberies.

The second indictment also had two charges of robbery using personal violence on. These robberies took place on May 14 and Bean admitted to both of them.

Bean stole personal belongings from Andrew Chlebek on Parson?s Road. Ten minutes later he took more personal belongings from Kevin Fox on Rosemont Avenue.

Again Ms Christopher said her client never had a weapon and no one sustained serious injuries. She also told the court that her client cooperated with Police and tried to recover the stolen items. She went on to say that Bean had excelled in school, after a few brushes with the law as a youth.

He cleaned up his act and managed to win a scholarship to university. Bean chose to forgo university when he discovered his girlfriend was pregnant. Instead he went into carpentry and held a job till shortly before the robbery spree began.

Ms Christopher said ?with suitable guidance he does fairly well?.

She told the court that her client had committed a crime but did not deserve such a harsh penalty.