Attempted robber has sentence cut
yesterday received a reduced prison term in the Court of Appeal.
Eugene Hilgrove Ming, of Devonshire, was sentenced to 18 months in prison in the Supreme Court earlier this year for the offence which occurred at the Bank of Bermuda's Church Street branch.
Ming, on December 27, walked into the bank alone and handed a payroll teller a note telling her "my friend has a gun. Fill the bag up with 100s and 50s''.
Ming took back the note and fled after suspecting the teller had activated the silent alarm.
He was arrested days later after a Police identified him from a photograph taken by the bank's security video camera.
Ming's lawyer, Mr. Tim Marshall, yesterday argued that the 18-month prison sentence was "manifestly harsh and excessive'', considering that the maximum sentence for attempted robbery is two years.
He said there were no aggravating factors, except for Ming's written threat, and Ming used no weapons, disguise or violence.
Mr. Marshall also noted that although Ming wore no mask none of the civilian witnesses at the bank could identify him because of the quality of the photo.
"His confession was not just an acknowledgement of guilt,'' he said. "It greatly assisted Police.'' "When the only real evidence against the offender comes from the offender himself, than that should carry some weight in reducing sentence,'' he added.
"Police accepted that his assistance was valuable and acknowledge that this was not planned, but a spur of the moment thing.'' Mr. Marshall also pointed out that other than a $100 fine for possessing cocaine several months before the offence, Ming had an unblemished record.
"A psychiatrist pointed out that up to this point of time he was leading a very productive and honest life,'' Mr. Marshall said, adding that Ming was under stress because he was trying to save his home which he eventually lost.
Crown Counsel Mr. Brian Calhoun argued that Ming's sentence should not be reduced.
He said Ming's not was a verbal threat and he only retreated because he suspected that the teller had activated the silent alarm.
He also pointed out that while civilian witnesses could not identify Ming, he was identified by a member of the Police Force.
And Mr. Calhoun asked the Appeal tribunal to read a probation officer's report on Ming in considering the prospect of rehabilitation.
But Mr. Marshall said this report would have to be balanced with the psychiatrist's examination, which noted Ming was drinking too much and his home had been repossessed.
The Court decided to reduce the sentence to 12 months, with the Hon. Sir Denys Roberts, President, noting that Ming had a "good record prior to this offence'' with the exception of an unrelated drug conviction.
"He appeared to have been overwhelmed in difficulties of dealing with family problems,'' Sir Denys said.
