A MAN who was sentenced three times last year for the same offence has won his appeal against the second sentence which was six months imprisonment for housebreaking and larceny.The Court of Appeal, in allowing the appeal yesterday, held that 26-year-old Kevin Hudson, of Hudson Street, Knock-patrick, Manchester had broken into the house only once, therefore he should only have been sentenced once for housebreaking.
Hudson had pleaded guilty on three occasions to the crime, which was committed on August 2 last year. He had broken into an apartment in Negril, Westmoreland and stole items belonging to three persons who occupied the apartment at the time.
He first pleaded guilty in the Savanna-la-Mar Resident Magistrate's Court, Westmoreland on August 12 last year to housebreaking and larceny. Resident Magistrate Alayne Frankson deferred sentencing until September 15, when he was put on probation for two years.
HOUSEBREAKING
Hudson was taken back to court on August 19 and pleaded guilty to housebreaking and larceny. Resident Magistrate Valerie Stephens fined him $20,000 or six months imprisonment. Hudson paid the fine.
On September 2 Hudson pleaded guilty before Resident Magistrate Ernel Johnson to housebreaking and larceny and was sentenced to six months imprisonment. The RM took into account the fact that Hudson had a previous conviction for housebreaking when he gave him a prison sentence.
Hudson appealed the prison term and was offered bail pending the outcome of the appeal. Attorney-at-law Herwin Smart in applying for bail in September last year had submitted an affidavit pointing out that Hudson had committed only one offence of housebreaking despite the fact that there were three complainants involved in the case.
Dr. Randolph Williams who represented Hudson on appeal argued that because he was convicted three times for the same offence, the court would have to determine which of the sentences was the correct one.
