Labourer jailed for robbery walks free

BY NIKITA BRAXTON-BENJAMIN

nikita.braxton@trinidadexpress.com

A LABOURER who appealed his seven-year sentence for robbery with aggravation, was ordered released after the Court of Appeal found procedural errors when it came to his sentencing and conviction.

Aaron Francis, who had already served 26 months, was ordered to be immediately freed in relation to the four matters, after his appeal was allowed by the Court of Appeal on Tuesday.

Francis faced four charges of robbery with aggravation in relation to a home invasion in Barrackpore on September 5, 2023, with other people.

Cellphones, money and jewelry were taken, and violence used during the armed robbery.

Before the San Fernando Magistrates' Court a month later, he pleaded guilty to all four offences. The magistrate started with a ten-year term of imprisonment, which was reduced by one-third after the guilty pleas were considered. Francis was sentenced to seven years in jail, with the sentences ordered to run concurrently.

Francis filed an appeal, citing the severity of the sentence. Defence attorney Aaron Patrick represented him at the appeal, and he was granted leave by the court to also appeal the conviction.

The matter came before the Court of Appeal last Tuesday, and the decision was delivered by Justice of Appeal Maria Wilson, following a unanimous decision by the two-member panel.

It was noted there was a fundamental error in the matter when Francis was not asked by the magistrate whether he accepted the police's version of the facts in the case after they were read.

Wilson stated that it was necessary to decide whether or not he understood the information and whether it was a voluntary plea.

By the query of his acceptance of the facts not being posed, Francis, 25, who was unrepresented in 2023, was not afforded the opportunity to put forward a different version of the events.

His case was that he was the getaway driver and not involved in the assault.

The Court of Appeal found that, procedurally, it was a serious error.

Another error also noted was that the magistrate started with a sentence of ten years and then deducted three years. Wilson stated that even though Francis had previous convictions, the starting point should have been lower.

Consideration also was not given to other factors, including that he co-operated with the police after his arrest and the degree of his involvement.

The State conceded on appeal, and both deputy Director of Public Prosecutions Sabrina Dougden-Jaglal and Patrick had suggested that a starting sentence of four and a half years was appropriate in the case. Given the consideration of the guilty plea and other factors, his sentence then would have been lowered.

Another issue addressed by Wilson was whether a retrial would have to be ordered. She however stated that, given that Francis had already served 26 months, there would be no useful purpose for a retrial.

Francis was ordered to be released immediately on the matters.