(Jamaica Observer) A parish judge could not hide her shock when she learned that an elderly woman accused of stealing $25,000 from the pocket of a woman in downtown, Kingston, had 22 previous convictions across the country.
Nadine Franklin had stood before Senior Parish Judge Lori-Ann Cole-Montague at the Kingston and St Andrew Parish Court for sentencing on charges of larceny from the person and unlawful possession of property.
During the proceedings, it was revealed that Franklin had been sentenced to three years in prison at hard labour, as well as two years’ probation in 1997 for the same offences in the Clarendon Magistrate Court.
The court was told that Franklin, whose latest conviction was in 2019, also had convictions in St Mary, Clarendon, St Catherine, and Manchester.
“You’re a roaming thief, persons might say,” Cole-Montague said. “I know it sounds very bad when I say ‘thief’ (as) that would stigmatise you, so to speak, but because of the charges that are here – larceny from the person – the average man on the road don’t say this person is for simple larceny, the average person on the road say ‘a thief’ so that is what it sounds like on paper.”
Franklin was subsequently sentenced to two-and-a-half years in prison at hard labour for the larceny charge, and one month in prison for the unlawful possession of property charge.
However, before the sentences were handed down, Franklin’s defence attorney, CJ Mitchell urged the judge to show his client mercy.
He argued that she had already reimbursed the complainant. But the judge was quick to point out that the day this was done, Franklin’s daughter had brought the money in court and after Franklin was searched police officers found additional money.
“Milady, I ask that you extend your hand of kindness,” Mitchell pleaded.
Seemingly aiming to get a non-custodial sentence, he argued that the mere fact of having a sentence hanging over her head should be sufficient as punishment.
However, the judge said, “I am not so convinced of that argument. It is this court’s view that the mere fact of having 22 previous convictions, that is something that has stained her, that should have been sufficient to reform her, that should have been sufficient to guide her steps”.
Cole-Montague added that the judicial system has already shown Franklin mercy because she could have been indicted as a habitual offender. The judge explained that if this was done, she would have been facing more years in prison.
“Of course, any judge must have regard to the more favourable mitigating factors. But when a court seeks to sentence, the court also must be guided by other overarching principles, and one such principle is the deterrent effect… how should the court treat with the fact that a defendant has so many previous convictions?” the judge asked.
“In some ways it can be said that what she has done with the mercy is to disgracefully and dishonourably throw it back into the face of the person who gave it to her. And for that she must be held accountable,” Cole-Montague stated.
