Suspended Sentence Substituted For Probation

Wearing non-descript gray pants and sweat-top, his head hanging low and hardly looking up, his injured right arm lifted so that his right hand could be put in his jacket pocket, Devaun Jahmall Cox stood before Senior Magistrate Archie Warner yesterday [Nov.8] morning.

The Magistrate gave Mr Cox, 27, a twelve month prison sentence, but suspended it for twenty-four months.

Mr Cox was facing the Magistrate because Cox’s Probation Officer had reported to the Court that Mr Cox was not complying with his five year-old Probation Order.

The Officer said that Mr Cox was missing scheduled appointments, still using drugs and alcohol, and not taking his prescribed medicines.

The Senior Magistrate lectured Mr Cox saying: “…The Court had designed a program to help you. The services are provided by the Government. You have a right to the services; but you must use the services and follow the program. This is not the first time that you have been before the Court on this matter.”

The Magistrate continued: “…You’ve been on probation since 2006. Your attitude is self-evident. Keeping you on probation is not a punishment. It is an attempt to help you. Now, Court Services have indicated that they can no longer afford to spend any more money on you.”

Speaking for himself, Mr Cox said that he was having a hard time, his friends were dying or going away, and that nowadays he hardly went anywhere at all. He said that his brother was locked up and he had no one to turn to.

Reviewing Mr Cox’s original case, the Magistrate read out that Mr Cox had initially been convicted of a prowling offence in 2006 and had been placed on probation because of that conviction.

Magistrate Warner then told Mr Cox that he was revoking his Probation Order and was substituting a prison sentence of twelve months but would suspend it for twenty-four months.

Warning Mr Cox, the Magistrate told him that if he, Mr Cox, should commit any offence within that twenty-four month period, it was likely that the imprisonment sentence would be activated.

The Magistrate’s parting comment was: “You are now without any support, so be careful.”

#CrimeInBermuda #MagistratesAndSupremeCourt

Category: All, Court Reports, Crime