The Dominica State Prison will be home to a known defendant to the court for the next two years, following his guilty plea to theft of one bottle of Tony’s punch.
Shadrack Xavier appeared before the Roseau Magistrate court on February 2, 2023, charged with stealing one bottle of Tony’s assorted punch valued at $25.95 belonging to H.H.V Whitchurch & Co. Ltd.
According to the facts of the case, presented to the court by Police Prosecutor, Inspector Frank Laville, at about 1:30 p.m., Xavier entered the said supermarket store and began looking around.
He then took a bottle of Tony’s assorted punch placed it inside his pants and proceeded to the other side of the building.
A member of staff who witnessed Xavier’s deed informed a Police officer standing outside the supermarket what transpired, and Xavier was arrested.
In conducting a search of the defendant, the officer found the said drink in his trousers.
A report was made to the Roseau Police Station and Constable Mickael Desbonnes was assigned to investigate the matter.
On arrival at H.H.V Whitchurch & Co. Ltd., when questioned by the investigation officer for the reason for his action, Xavier replied, “I troublesome, I take it to sell or to drink.”; He was then transported to the Roseau police station, searched, and placed in a police cell.
Later that day, Constable Desbonnes interviewed the defendant and subsequently preferred a charge of theft against him.
At the court hearing, Xavier who was unrepresented mitigated on his own behalf.
“I can pay for the bottle of punch,” he told the court. “Sorry, I am sorry. If I get another chance I will do better.”
In response to his plea, presiding Magistrate, Michael Laudat, informed the defendant that the court had shown mercy on him on several occasions, “but you are not learning.”
“On November 16, 2020, I sentenced you to eight months in prison for theft,” the Magistrate stated.
“Just last year, you were again sentenced to only two months in jail for theft.”
His most recent conviction Magistrate Laudat reminded Xavier was on January 5, 2023.
“On that day, I suspended your 24-month prison sentence for three years and I cautioned you that should you appear before the court any time within that three years this sentence would be activated,” Laudat stated. “There is nothing I can do for you at this point, I must activate the suspended sentence.”
Therefore, as a result of the breach of his conditions of the suspended jail sentence, he must serve the original custodial term of two years.
On the charge of theft, which carries a maximum penalty of seven years in prison, Magistrate Laudat imposed a custodial sentence of one year and six months to run concurrently. Restitution was ordered for the stolen item.
Disclaimer: The comments on this page do not necessarily reflect the views of DominicaNewsOnline.com/Duravision Inc. All comments are approved by DominicaNewsOnline.com before they are posted. We never censor based on political or ideological points of view, but we do try to maintain a sensible balance between free speech and responsible moderating.
We will delete comments that:
See our full comment/user policy/agreement.
Are you fringing kidding me. Two years imprisonment for petty theft. And them same judges sentencing child molesters and rapist and murderers to little five years or less. No man. I 100% do not like a thief but come on, who does that. Fellars vole’ how many tens of thousands and hundreds of thousands from Treasury and other places and walking all now. No man… I cannot support that kind of arbitrary judgements. The punishment definitely does not fit the crime.
Perhaps that malaway escape from the Grotto home because I hearing that place is short of cash to look after their destitute properly. Did not have a lawyer to represent him either I guess. But you see how justice can be dispensed so swift for poor people like him. He is someone’s son too you know. Granted, he is a nuisance but still..two years in Stock Farm? At least he will have a roof over his head and get fed.
If you want to steal in Dominica steal big, I mean really big in the Billions. You won’t be arrested and you could still wear your tie.
Yes, you are 110% correct!
All you must understand that people and Co. like Whitchurch is part of the labor government. So if you steal a candy from Whitchurch you are going to go to jail.
This is a story to post about? Someone took their time to write a whoooooole article. We have nothing going on in the country? And 2 years for $25 EC? what’s the real story?
While i agree with you, its not about the EC$25.00. Its about this man not learning his lessons and taking small mercies for granted. Who cannot hear will feel.
Comrade Laudat, when you do nonsense I castigate your bad judgement but when you do right, like this time around I applaud you sir.
A volaire is a damn murderer in disguise. That’s why Dcans need to look closely at our politicians and kick all “teefs” out of office because they will soon start to kill us all that oppose. Man I hate a damn “teef” because its only a matter of time before they start killing those they believe hate them.
A whole set of horse manure!!
Pure crap. The man needs help!!
One bottle of punch, even is a repeat offender you give a man 2yrs when one whole year would achieve the same – for a punch that lack flavor, doesn’t even taste good after tasting Punchy Cuba? C’mon now.
P.S: I still prefer to buy local at every chance.
Was reacting to the severity which creates carrier inmates.
you cannot even spell Ponche Cuba. ITs the principle of the matter. This man has been given chance after chance after chance. Its not about the EC25.00. Its not about if you like the taste or not. Theft is theft and it should be punished. He was spared previously and given a chance. He violated that. Therefore deserves what he got. YES GIVE HIM YEARS!
Who needs to spell punchy cuba when the need is to buy local? In principle, If he does it again would life in prison be sufficient then?
or maybe even the death penalty? Why not go the full extreme if you want to be idiotic. Judges usually as guided, give sentences based on crime in the law. The term “Full extent of the law” has a legal meaning. Therefore i believe in this case, since your “pardna” wasnt hearing the first few times. The judge decided to do something to make him listen. Case closed. Jump high jump low, say what you want, this back and forth doesnt change his decision.
Dominica is my country, but i have a very very serious problem with the justice system..
Two years for theft of a bottle of punch, for the repeated offender!!! Okay!!! So why those who are found in possession of unlicensed firearm to kill people like you and me, are not dealt with in an equally brutal way?
They are on bail to kill again!!!
Is this place real?
Here is a lesson to be learned. You get away with lots of things in DA, sometimes even murder. However, stealing from a member of the Cabal, however trivial, is followed by a hefty sentence. It’s not what you know in DA, but it’s who you know. CORRUPTION in full bloom.
Let me ask you Mary, if i steal from you once, you give me a light slap on the wrist. I steal from you again, you tell me to cool out or else you will really punish me next time. I still steal from you again in a short space of time, would you not see i taking you for an effing joke and just give me the punishment you had for me from before? notice in my story i never mentioned what i stole. Its not about Whitchurch or Astaphan or who in cabal or not. The Judge made a decision based on this young mans utter lack of respect for the court and the judge. but no, you all prefer to be petty and attach whitchurch because maybe they getting help form the government. No wonder we cannot go anywhere in that country. seems on both sides everybody just stupid.
It’s all about the CABAL. But a seasoned Skerrit supporter wouldn’t admit that. Get out of here and try your luck on GIS or DBS.
I dont know why dominicans are like that these days. It seems even people who dont support the government have this attitude. Once you say anything that contradicts their narrow point of view, and try to steer them in a different light, suddenly you are the enemy or you support the enemy too and you part of the cabal blablabla. Lady i did not vote for DLP first of all. Secondly i try to have common sense and some sort of integrity. My comment below yours has nothing to do with DLP or UWP. It could be by the old lady in the shop under a step trying to make a living that happened to, or any other business person or any private individual. Understand my comment is about the act of theft. If you are a decent god fearing person you will know what the Bible says about thieves. But yet you are on here only concerned about cabal and workers and political nonsense. Woman i am here on DNO. publicly stating my comment condemning theft and the principle. If he stole from you id have the same view.
It’s not common sense that reigns it’s corruption…
THIS ONE TICKLE ME
I understand the court cannot tolerate that antisocial behavior, but these same courts impose fines on people who plead guilty to drug trafficking.
I hardly see a person who steals a bottle of punch being a greater manace to society than a drug trafficker.
So let me get this straight…a man steals ONE punch….he gets two year behind bars…..but for indecent assault of a minor, another gets suspended sentence, right….that just goes to show how twisted the justice system is.
Don’t get me wrong, I am not condoning theft, not in the least bit, but c’mon you judges and prosecutors, c’mon.