Prowler gets 18-month jail sentence
prowling around three apartments at the Astwood Cove Resort on South Road last December.
Coltrane Ratteray, of Lusher Lane, pleaded guilty to the offences, which were committed while he was on probation for a lengthy string of similar convictions.
He received 18 months for each of three counts, minus the five months he has already spent in prison. The sentence will run concurrently.
Defence lawyer Mr. Archie Warner claimed the magistrate who originally heard the case should not have sent the matter to the Supreme Court, where yesterday's sentence was passed, because doing so exceeded his jurisdiction and exaggerated the gravity of the crime.
But Chief Justice the Hon. Justice Ward rejected Mr. Warner's argument, saying the magistrate had had every right to refer the matter to a higher forum.
"She (the magistrate) was not prepared to consider probation further and sent him to this court,'' he said. "She was right to say `let the Supreme Court deal with it'.'' Mr. Justice Ward said that those on probation should take extra pains to avoid trouble. Mr. Warner had argued that Ratteray should have been placed on further probation because he had gone to Astwood Cove to steal a relatively minor item (a bike helmet) and had eventually changed his mind. Ratteray was arrested while leaving the premises.
"Somebody who is on probation should not advance (the argument) that he is going to steal anything,'' Mr. Ward said. "I take offence to this abuse of probation services.''
