ECSC releases man after “excessive” jail sentence

Alexander was set free by the ECSC
Alexander was set free by the ECSC

The Eastern Caribbean Supreme Court (ECSC) has ruled that a five-year jail sentence imposed on Kelvin Alexander of Bath Estate for theft in 2013 was “excessive” and his appeal against the sentence upheld.

Alexander had robbed a gas station in New Town at gun point on August 26, 2013 and was released on Wednesday.

It is reported that a masked Alexander entered Island Petroleum Gas Station and purchased a quart of diesel and then held up the attendant with a gun. He then took all the money, $335, that was in the cash register at that time.

He then asked the attendant for the combination of the vault but she responded that she did not know it.

He then ordered the attendant to get on the floor but at that time a customer walked into the establishment and Alexander ran away.

Later that same day he was arrested by the police and he admitted to the crime.

He was charged with robbery but it was withdrawn and he pleaded guilty to the lesser charge of theft and was jailed for five years.

One of his grounds for appealing the sentence is that he is a “first time offender” and was told by the police that in exchange for a guilty plea to the lesser offence of theft he would get a “non custodial sentence.” However that matter was withdrawn.

His second ground was that the sentence is “too severe seeing that he pleaded guilty to the summary offense and he is a first time offender.”

The prosecution conceded that the sentence of five years imprisonment is “excessive given the circumstances of this particular case.”

Wayne Norde, who represented Alexander in the matter, he told the ECSC that “a plea of guilty attracts an automatic 1/3 reduction of sentence” and that was not implemented by the magistrate.

The Magistrate, Norde argued to the court, also “failed to consider that the appellant was a first time offender” and that case law shows that it is unusual for the court to impose a custodial sentence on a first time offender.

As a result, the ECSC judges agreed with him and the concession from the office of the Director of Public Prosecutions (DPP) and varied the sentence to “time spent” and Alexander was set free.

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49 Comments

  1. Wait
    November 15, 2014

    “The prosecution conceded that the sentence of five years imprisonment is “excessive given the circumstances of this particular case.””- NOTE THIS WELL BEFORE YOU ALL CRITICIZE THE ECSC COURT OF APPEAL JUDGES. THE PROSECUTION CONCEDED!!

  2. anonymous2
    November 14, 2014

    This is why there is so much theft in DA. Virtually no punishment for the crime.

  3. BEB
    November 14, 2014

    He is definitely going to return to court, next time he is going to use that same gun to kill some one.
    our police officers are too lazy, they want to go the easy way off, some of them are scared to stand in the box to testify, so they think if he pleads guilty to a lesser charge, the police officer would not have to testify. This matter should have gone to the High Court and not the magistrate’s court, firearm charge, theft and robbery should be dealt by a judge and jury. This also goes to the court prosecutor

  4. November 14, 2014

    Oh !! Oh!!
    Just send all cases to the ecsc ,instead of wasting you’ll time only for the ecsc to come making squash with you’ll..
    That’s terrible…

  5. November 14, 2014

    grell mind is not you that end up on the front opage

  6. estateofmind
    November 14, 2014

    Mr not From Bath Estate. he maybe residing there but he is not from the community.

  7. The Facts
    November 14, 2014

    I am disappointed in ECSC. It is my feeling that they should be investigated including their background. I am unable to comprehend that so many prisoners, convicts, murderers are released.
    I am as shocked as D/can nationals/residents. It upsets me. My heart goes out to you law-abiding fellow D/cans who are witnessing this type of jurisdiction whereby convicted murderers and this man who once murdered someone (God knows if it is only once) and who committed a theft, with a gun, is released from jail. He does not deserve freedom.
    God knows that in recent years the criminal elements in D/ca have become worst. Those nationals who are involved are no longer nice people as they were when they were younger but bad ones as adults.
    Dominica no longer has petty criminals as it were in those days. They are big-time and heartless criminals – murderers. What has happened?
    These people should be put away for life to ease the fear and anxiety of law-abiding Dominicans.
    ECSC, whether you go by the books including the defense lawyers of those criminals, you have made D/can nationals more fearful and uneasy.
    How many more criminals will you release into mainstream Dominica?
    Our patient God is taking note and you will, one day pay for that. Let this be our consolation, the consolation of fellow Dominican residents. Someday you, ECSC and those defense lawyers will receive your just recompense from our God. As some state you have a job to do, our loving God will not exonerate you.
    Prior to releasing any more criminals, whether in Dominica or elsewhere in the Caribbean, conduct a thorough investigation into the crimes they committed and their background.
    For instance, a person who uses a gun during a robbery should not be allowed to walk free in society. These people should be incarcerated to protect the lives of others. Nationals have a right to be extremely angry with you. I am!

  8. white oak
    November 13, 2014

    ECSC………dem ppl dere drunk.their blood level of alcholic content should b tested…pure stupidness. it appears that the criminal is also a victim who needs protection and freedom regardless of crime. wat im getting frm dem whoever makes up the Ecsc body is that…….i can rob,steal,kill,rape and still sit dwn on ur table and eat wit u wen i come out on vacation stockfarm.

  9. UDOHREADYET
    November 13, 2014

    Robbery at gun point is automatic jail first, second or last offence. the man had a gun and robbed someone for money, what if the person resisted and he shot them? ECSC is BS!
    They’re just releasing criminals into society, instead of upholding the law they looking for technicalities to poopoo on it!

  10. febrese
    November 13, 2014

    the police needs to just stop arresting and trying kelvin alexander period…

    just let him do crimes and thats it.

    • UDOHREADYET
      November 13, 2014

      I know right hahahaha… madness self!

    • The Facts
      November 13, 2014

      This is what he will be doing from now on with guns even though he murders people.
      Oh yes! Just allow him to wander throughout Dominica, go about stealing with a gun in his hand. Who cares, eh? What a Law!

  11. gwadaman
    November 13, 2014

    This is unbelievable,he is a first time offender? this man spent15 years in prison in gwadeloupe for murder he was just released and he commit another crime he is a first time offender? somebody tell me i am dreaming,i wish he takes it on his lawyer next time,well people will finally take the law in their own hands because there is no justice in court,LORD have mercy on us in the carribbean

    • The Facts
      November 13, 2014

      A murderer and ECSC did not even consider that. No first-time offender here.
      I thought the same. If ECSC continues to release these murderers, thieves and scoundrels, heartless people who do not think twice carrying a gun to use during robbery, people will really take matters into their hands. The society will become lawless.

  12. Thanks
    November 13, 2014

    Grell be careful what you wish for….hope you’re not the victim of that headline

  13. A. m...
    November 13, 2014

    “and that case law shows that it is unusual for the court to impose a custodial sentence on a first time offender.”

    8-O 8-O 8-O
    I am so sorry, but did they see the word, “UNUSUAL”

    Unusual does not mean it will NEVER happen, Unusual means, “not habitually or commonly occurring or done.” according to Google’s definition. Which is interpreted as, it can occur, and it can be done but not usually!

    WHAAATTT a man hold up another person at gunpoint and is not charged with robbery but theft? LMAO who gave these definitions to the law? LOL no no no… so therefore he was releasted after a year and some weeks on Theft..not robbery, theft!… HAHAHA what a court system there is..ECSC…ahben papa bat!

    • The Facts
      November 13, 2014

      If the customer did not come in at the right time, he could have murdered the employee. Why did he tell her to lie on the ground? Did he also plan to beat her up and rape her? This is a heartless man who should not be walking the streets.
      ECSC did not even consider that? The man had a gun! For crying out loud! This is an extremely serious offense!

  14. Da
    November 13, 2014

    What is this noh! it seems like we need our presecuting lawyers and policemen to take a course in criminal justcie. The loosing all their cases.

    • The Facts
      November 13, 2014

      You should consider ECSC and who is ECSC and the type of people who comprise ECSC. It appears to me they do not have common sense and know absolutely nothing about the Law as they quash all those murder cases and this other one. Something is wrong with them.

  15. youth
    November 13, 2014

    Hmmm tht court there sending ppl n commit more crime. well now trouble start in
    The eastern Caribbean

    • The Facts
      November 13, 2014

      Say that again!

  16. Not a herd follower
    November 13, 2014

    I find the ECSC is soft on crime and their judgements are sometimes puzzling. Because a man is a first time offender, he automatically gets one-third reduction in his sentence? As a previous contrbutor to this blog said would he get a lesser sentence if he had committed murder?

    • The Facts
      November 13, 2014

      He used a gun at that. He should never have been released.

  17. Duncekyat
    November 13, 2014

    “a plea of guilty attracts an automatic 1/3 reduction of sentence”

    We can’t fault the lawyer for defending his client. The lawyer is simply doing his job by exploiting a very stupid oddity in the law. The sentencing laws need to be changed to remove the “automatic” reduction and allow the magistrate more discretion in passing sentence. The plea deal reduction should not be automatic, but should be considered with respect to the severity of the crime and the quality of the evidence against the defendant.

    • A. m...
      November 13, 2014

      I am support of your comment!! HAHAHA Very true, indeed!

      It is utterly disgusting to know that this language still goes on without any revision and changes being done…. I mean seriously!!! Aren’t we suppose to be improving and moving forward?

      • The Facts
        November 14, 2014

        How about, “They did not waste the Court’s time?” I find this so stupid and a big joke! These sentences should be eliminated from the books.

    • The Facts
      November 13, 2014

      It is a stupid law which has “an automatic reduction”. It makes no sense. It should be removed from the books. I hope the PM will read all the comments or the DPP for that matter.

  18. Babsal
    November 13, 2014

    The Eastern Caribbean Supreme Court (ECSC) is sending the wrong message to the criminals and also to the law abiding citizens of the commonwealth of Dominica. I truly believe that the defendant should have been punished to the fullest extent of the law for a crime of this magnitude. A gun was used in his illegal activities. Did the ECSC took into consideration the gas attendant who feared for his or her life and safety when held at gun point? Lord help us.

    • The Facts
      November 13, 2014

      The ECSC should be removed from their position. They are releasing convicted murderers. My view is, it is ineffective. Law abiding nationals should be very concerned.

      • Wait
        November 15, 2014

        The DPP’s office CONCEDED in ever criminal appeal that was allowed. This means that the DPP agreed with the lawyers for the criminals that they shud be released. What u expect the judges to do?

  19. legobeast
    November 13, 2014

    dno where did you get your information from? mr is from tetemorne grandbay son of late james alexander alias PING…and from what i know he not no first time offender..

  20. tool
    November 13, 2014

    What about the case where a Magistrate who should uphold the law decide to disregard the law and the Court of Appeal cut her down to size. Your Honour Miss Debar must now realise that she has to abide by the law. What an embarrassment! Look roro

  21. paralegal
    November 13, 2014

    Please read the article carefully. The charged of robbery was dropped in exchange for a plea of a lesser charge of theft. It was the fault of the police who failed to follow on their promise. Although he was charged with the lesser offence, the jail time given did not suit that of the lesser offence of theft. If the robbery charged had stayed then a longer jail sentence could have been given. The ‘first time offender’ concept was applied to the lesser charge of theft. Theft is a summary offence; that’s where the ‘first time offender’ principle applies. Blame the Police, not the Court of Appeal Judges.

  22. Anonymous
    November 13, 2014

    The Eastern Caribbean Supreme Court (ECSC) is sending the wrong message to the criminals and also to the law abiding citizens of the Commonwealth of Dominica. I believe with a crime of this magnitude the defendant should have been punished to the fullest extent of the law. What about the gas attendant who was held a gun point fearing for his or her life? Did the ESCS took that into consideration? Lord help us.

    • The Facts
      November 13, 2014

      They better fear this man. He will not think twice of continuing plying his trade of thievery and carrying a gun. He will not hesitate to use it even though he kills people. Was the gun licensed? I bet not.

  23. Negre Bod LaMer
    November 13, 2014

    I believe the fact that a gun was used made the sentence of 5 years quite appropriate! Robbery with guns usually carry stiffer sentences in most countries.

  24. as i say
    November 13, 2014

    first time offender?is not he that rob the western union nah?stupes.

    • The Facts
      November 13, 2014

      If they see him coming they should shut their doors.

  25. Anonymous
    November 13, 2014

    Should a first time offender on a murder rap walk free until he commits another crime?

    • tool
      November 13, 2014

      Don’t be a prat it does not apply to murder

    • Lola
      November 13, 2014

      Murder is not a summary offence; therefore the same rules would not apply.

      • Anonymous
        November 13, 2014

        How about armed robbery?

  26. hmmmm
    November 13, 2014

    dem judges mad man ?
    so a year for robbery by gun point ?

  27. Sirvivor @ large
    November 13, 2014

    So what I understand here is because you are a first time offender one should get a pat on the back..

  28. Lang Mama
    November 13, 2014

    And the kleptocrats wanted to bury Magistrate Tyannii.

  29. JoJo
    November 13, 2014

    From the rulings of the Supreme Court so far I get an impression of gross incompetence by our local judiciary, even leading to miscarriage of justice. This is very sad and shocking because it undermines the confidence in our local courts. So many lawyers we have in Dominica, even more than doctors and we can not get that right? Please, we must fix that urgently.

  30. Anonymous
    November 13, 2014

    If “it is unusual for the court to impose a custodial sentence on a first time offender” and we are talking about armed robbery, then we have a serious problem with the law.

    This man should have been put away for a minimum of 15 years.

  31. grell
    November 13, 2014

    H egoing back and do it soon,but this time he will take a life,once a robber always ,slap in the judge face,am waiting to read the headline.

    • The Facts
      November 13, 2014

      Knowing that he got away from the jail sentence, he may take many lives. If you see that man run for your life. He is to be feared. He is no friend of the Dominican society.

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