Burglar jailed for two-and-half years
A drug-addicted father yesterday begged a Supreme Court judge for a chance to get his life back on track before he was led away to prison.
Kenneth Richardson, 31, of Smith's Parish, admitted to breaking and entering a Paget home on the night of May 7, 1996 with intent to commit a crime.
The court heard that Richardson had a previous conviction for a similar offence and in May, 1995 was sentenced to a year in prison.
But his lawyer Kim Wilson told Puisne Judge Vincent Meerabux that her client was trying to straighten up his life.
She said he realised he had a drug problem and wanted to receive help.
Richardson became addicted to drugs in his teen years when he lived and attended school in the inner city of New York, Ms Wilson told Mr. Justice Meerabux.
He returned to Bermuda in 1994 and worked as a painter for his family's contracting firm, she said.
"The first 12 months proved successful until February, 1995 when Mr.
Richardson fell prey to drug use and abuse,'' Ms Wilson added.
Richardson, who was remanded in custody on May 10, 1996, was under the false impression that he could beat his drug habit without assistance, she said.
"But he has availed himself to opportunities to educate himself about addiction and he has learned that he does require treatment and counselling,'' she said.
Richardson has asked to be enrolled in the 12-step Hazelden programme.
"He wants to receive assistance,'' she said. "In fact, Mr. Richardson has resigned himself to living a drug-free life. He is focusing on strengthening his mind and weaning himself off drugs.'' Ms Wilson also noted that Richardson -- the father of a 16-month-old girl -- had shown remorse for the offence by admitting to the offence, cooperating with Police, admitting he had a drug problem and seeking help.
"My Lord, you have before you an intelligent young Bermudian man with potential and with genuine intention to change his ways and be a productive father and contributor to society,'' she told Mr. Justice Meerabux. "I submit that a sentence of two years would be appropriate.'' Ms Wilson also asked the court to take into consideration that Richardson was not charged with numerous break-ins or the use of violence as in other cases which she cited. And she noted that those people only received slightly higher sentences.
But Crown counsel Charlene Scott reminded the court that breaking and entering carried a maximum sentence of seven years imprisonment, while housebreaking at night carried a maximum sentence of ten years.
"As a result of that my submission would be two years would be inappropriate,'' she said. "I would recommend a sentence of three to five years.'' Ms Scott also said Richardson was in breach of his probation when he committed the offence.
Before hearing his sentence Richardson told Mr. Justice Meerabux: "Everyone is bartering my life. I'm the only one here that is living the hardship. I understand I have a dependency problem that led up to these events. I've come to grips with that and am remorseful.'' Richardson said he returned to Bermuda to "escape drugs''.
"But it seems I fell back into the trap,'' he added. "I have no family. It's kind of hard to rebuild your life with no family.
"I have a mother in the US who is sick. Before she passes away I would like to show her the better side she used to have as a son.'' Richardson also told Mr. Meerabux that he wanted the opportunity to spend time nurturing and loving his daughter.
"Basically I want my life back,'' he said.
While taking into consideration what he heard, Mr. Justice Meerabux told Richardson: "You violated the privacy of the home when you broke into it.
This is serious because of the feeling of vulnerability and insecurity provided to the householder.
"I have to bear in mid the interest of the individual. Therefore I have to sentence you to two and a half years in prison with time spent in custody taken into account. I hope the people at Westgate will take proper steps to allow you to receive proper counselling.''
