IN THE SUPREME COURT OF THE TURKS AND CAICOS ISLANDS                                CR 10/2015

HOLDEN AT PROVIDENCIALES

Before: Joyner, J

REGINA V MOSSET CALIXTE - BRIBERY

Appearances:

Mr L Franklyn for Prosecution

Mr Mark Fulford for Defence

SENTENCING REMARKS

1.             Defendant today pleaded guilty to the sole count on an indictment charging him with Bribery contrary to common law. This plea came subsequent to a Goodyear indication given by the court, at the request of the defence.

2.             Defence counsel asked for leniency, saying his client regretting his action and felt genuine remorse. Counsel stressed that Defendant was 37 years old and had no previous convictions. Defence counsel also urged the court to take into account, that defendant was married with 3 children, one of whom was 5 years old and attended private school.

3.             Defence counsel went further and asked the court to dismiss the charge under the Probation of Offenders Ordinance, after sentencing.

4.             Counsel for the Prosecution did not contribute to the sentencing hearing save and except to request that the $50.00 note [the instrument of bribery] be forfeited to the Crown.

5.             Bribery, as charged, is a common law offence and as such, sentencing is at large. In this case, sentencing would be within the confines of the Goodyear indication given prior to the plea.

6.             Mitigating Factors: guilty plea, no previous convictions, remorse.

7.             Aggravating factors: serious offence showing disregard for law enforcement and the Crown.

8.             Court takes into account Defendant's guilty plea, no previous convictions and his remorse.

9.             This is a serious offence which strikes at the fabric of law enforcement and the court will not dismiss the charge under section 2(2) of the Probation of Offenders Ordinance, Cap. 3.05.

10.          Despite the lateness of Defendant's guilty plea, the court will give a discount in sentencing

Sentence: a fine of $1,000.00 payable by 4^th March 2016 or four (4) months imprisonment

Ordered: $50.00 note is to be forfeited to the Crown.

Joan F Joyner

Judge

22 February 2016

IN THE SUPREME COURT

TURKS AND CAICOS ISLANDS

CRIMINAL

D 10/15

REGINA

v.

MOSSET CALIXTE

ORDER

BEFORE THE HONOURABLE JUSTICE JOAN F. JOYNER, sitting at the Courthouse, Dr. Malcolm’s Building, Leeward Highway, Providenciales on Monday, 22^nd February 2016.

UPON DEFENDANT pleading guilty to the offence of: BRIBERY - Contrary to Common Law,

AND UPON HEARING Counsel for Defendant, Mr Mark Fulford and Counsel for the Crown, Mr Leonard Franklyn,

IT IS HEREBY ORDERED:

Defendant MOSSET CALIXTE is to pay a fine of $1,000.00 by 4th March 2016 or serve four (4) months imprisonment.

AND IT IS FURTHER ORDERED:

$50.00 note is forfeited to the Crown.

PAYMENT TO BE MADE INTO THE TURKS AND CAICOS ISLANDS GOVERNMENT TREASURY.

Dated this 22^nd day of February 2016

BY ÓRDER OF THE COURT