Prisma Joseph of River Street, Roseau, has been ordered to pay over $12,000.00 compensation to Rosa Darroux for deception.
Joseph, who had pleaded guilty to the charge on October 5, 2020, was given his sentence on December 8, 2020, by High Court Judge, Justice Wynante Adrien-Roberts.
According to the facts of the case, between May 19, 2016, to June 8, 2016, Joseph did dishonestly obtain from Darroux the sum of EC$10,800.00 with the intention of permanently depriving her of that sum.
In the first instance, Joseph falsely represented to Darroux that $6000.00 was required from her as part payment for a Honda HRV vehicle, which he agreed to order for her.
He then requested and obtained another $1,800.00 from Darroux for what he claimed was the clearance of the said vehicle from the port and an additional $3000.00 for increased port charges.
Defense Attorney Peter Alleyne had informed the court of his client’s willingness to pay compensation with interest.
According to Alleyne, Joseph had spent the last 2 years on remand at the Dominica State Prison whilst the matter was ongoing hence, “he has learnt from his experience and he will walk the straight and narrow path.”
However, in handing down her sentence, Justice Adrien-Roberts said that some degree of planning was employed by Joseph in obtaining the funds from Darroux.
She revealed that, based on the social inquiry report, the Virtual Complainant (VC) experienced emotional distress from the incident because at the time, she was undergoing chemotherapy for breast cancer and was also the main provider in her household and the money which she provided to Joseph for the transaction was from her savings and a loan.
The maximum penalty for Deception is 10 years in prison, however, the Judge gave a starting point of 2 years and 6 months.
Based on the mitigating fact, that is, Joseph cooperated with the police during the investigation and his willingness to compensate the VC, 3 months were deducted.
An additional 1 year and nine months were removed for his guilty plea and time spent on remand. Therefore, there was no further order for incarceration as he had served this time.
Justice Adrien-Roberts did, however, order Joseph to pay the sum of $10,800.00 with an interest of 5% per annum from June 8, 2016.
The first payment of $5000.00 is payable on or before January 30, 2021, with four months commencing March 30, 2021, to make the balance of the payment.
In default of the first payment, Joseph will be imprisoned for 6 months and on release, he will be required to make the full payment.
The article stated she obtained the funds through savings and loans. $12K is not a large amount for Dominica’s economy. I find it rather insulting to make statements like you made. Do you know how long this woman had been saving? What business is this of yours.
I don’t understand how that lady has $12, 000. 00 and simply hand it out to a common man; how are they saying that Dominicans are living in poverty there?
That’s what happens when you and ‘Franny’ below been out of D’a for those extended periods of time, you’re way out of touch. It is the norm to order a vehicle from Japan, and the people ordering are largely business people that do not steal people’s money. Is either Japan or you by the equivalent from the “dealers” for about $160k. Your pick!
You suffering from cancer and only one providing for familly and transport you looking to order from Japan ??? Does that even make sense?
I would rather be suffering from cancer and have my personal transport that i could pass on to my children if i do not make it alive than take nasty bus rides. A vehicle is a great asset.
Prisma again!! This guy has been doing this for soooo long. Attorney Alleyne you said he will learn. Come again! He never learns. He and cat born same day; got some real sticky fingers.