Norval Barrett, 29, was sentenced on Tuesday to 12 years imprisonment after a jury found him guilty of robbing the Shedden Road Esso Station and possessing an imitation firearm at the time.

The robbery occurred around 10.30pm on 18 August, 2010, and $454 was taken. The gunman threatened to shoot the cashier if she did not hand over the money. Three customers were present at the time, along with the cashier and pump attendant.

Crown Counsel Candia James, who conducted the case for the prosecution, said the maximum sentence for robbery is life. The current guideline for a first offence of robbery with a firearm could be 14 years, she said. Sentence does not depend on the amount stolen, she said.

Defence attorney Ben Tonner said there was no physical harm to anyone and the whole episode was mercifully short. He suggested the 14-year guideline was for a real firearm. He cited a Court of Appeal case in which a sentence of eight years had been reduced to five.

By way of personal background, Mr. Tonner explained that Barrett has six children in Jamaica. An electrician, he was trying to make money by buying and selling air conditioners. He came here by boat without papers and had committed various immigration offences [to be dealt with in Summary Court].

Justice Charles Quin said Barrett had no previous convictions, but added he could not find any identifiable mitigating factors. There were, however, several aggravating factors.

Barrett had clearly planned the robbery, wearing a cap and sunglasses to disguise his features. He used an imitation firearm. He threatened to shoot the cashier. He expressed no remorse.

Employees working in small businesses and petrol stations are extremely vulnerable, the judge said.

“The court recognises that there has been a marked increase in violent robberies over the past two years. Employees and the general public must be protected from violent robberies of this type and persons contemplating committing such crimes must understand that if they are apprehended and convicted they will receive lengthy terms of imprisonment,” Justice Quin declared.

Whether the firearm was real or imitation made very little difference to the victim, he pointed out, “because the fear and terror caused by the production of such a weapon will be the same.” Everyone in the station that night was put in fear, he indicated.

The judge commended Detective Constable Ronald Francis for his role in the matter and his alertness. The station was equipped with CCTV and Mr. Francis had viewed the footage. By chance, while he was making inquiries in another matter at the George Town Hospital a few days later, he recognised Barrett as the man he had seen on the CCTV. He cautioned and arrested Barrett, taking him into custody.

“Had it not been for DC Francis’ prompt action, the defendant might not have been apprehended and brought to justice,” the judge said.

Barrett’s jury trial concluded on 27 January, 2011. Mr. Tonner had asked for sentencing to be postponed because Barrett still faced another robbery charge. The media were asked not to report the guilty verdict on the basis that it might be prejudicial to Barrett in his next trial.

He was accused of robbing the Tortuga Duty Free Liquor Store on Boilers Road in George Town on 17 August, 2010, and having an imitation firearm with intent.

He chose to be tried by judge alone. Late last year, Justice Alex Henderson found him not guilty, saying the Crown had not made him sure of the identification of Barrett as the robber. The case led to recommendations for the questioning of witnesses and the conduct of identification parades (Caymanian Compass, 3 January 2012).