8 mths jail for USVI man who entered VI illegally during curfew
Not ordinary times
US Virgin Islands resident Mr Bolan, along with local Tambu Frett, was found entering the Virgin Islands while the Virgin Islands’ borders were closed and a curfew in place on Friday, April 3, 2020. Bolan had told the court, through his attorney Ms Stacy Abel, that he had no intentions of breaking the laws of the Territory and that he was just trying to get to his pregnant girlfriend to be with her during the 24/7 lockdown.
“He by his actions would have exposed her and her unborn child to a virus that is very prevalent from where he is from,” Ms Richards continued during the sentencing hearing held via video conferencing.
Referring to Ms Abel’s argument that in ordinary times many magistrates have given Illegal Entry and Breach of Curfew non-custodial sentences, Magistrate Richards said these are not ordinary times.
“Sentences handed down during this time for Breach of Curfew and Illegal Entry must have sufficient deterring effect,” Ms Richards said.
Breach of Curfew
For Breach of Curfew, Mr Bolan was sentenced to 45 days in jail, which the magistrate said was a discounted sentence in light of Mr Bolan’s early guilty plea, and was slapped with a fine of $1000.
Failure to pay the fine will result in imprisonment of 2 months, to run consecutively to the 45-day jail sentence.
Illegal Entry
On the charge of Illegal Entry, Mr Bolan was sentenced to 8 months at Her Majesty’s Prison, which represented a discount of 4 months.
He was also fined $1000 with an alternative of 2 months imprisonment. Mr Bolan’s prison term, if he fails to pay the fine, will run consecutively to the 8-month sentence.
The magistrate said the court does not consider there were any exceptional circumstances to justify the suspension of the defendant’s sentences.
All prison sentences will run from the day Mr Bolan was first remanded, April 6, 2020.
Tambu Frett sentencing delayed
Meanwhile, the sentencing of Mr Tambu Frett was delayed to allow his attorney, Mr E. Leroy Jones, to review a new police report that could affect his mitigation. The report seeks to justify the Crown’s case to have the vessel used to commit smuggling to be seized.
Acting Director of Public Prosecutions, Tiffany R. Scatliffe-Esperit had informed the court on April 6, 2020, that the Crown was making an application under the Customs Management and Duties Act for the vessel used by Mr Frett on the day of his arrest to be seized.
Mr Frett had reportedly told police the dinghy belonged to a Mr Jerome Hopkins Jr.
The defendant is to return to court on Thursday, April 30, 2020.
According to Magistrate Richards, the report also implicates the owner of the vessel.
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11 Responses to “8 mths jail for USVI man who entered VI illegally during curfew”
This is the bigliest type of moron.
The law:-
(1)-[" A person shall not land in the territory from any place outside the territory or embark in the territory for any destination outside the territory-
(a) save with the leave of an immigration officer"]
(3)-["Any person landing or embarking in the territory in contravention of this section shall be guilty of an offence and liable on summary conviction to a fine of one thousand dollars AND to imprisonment for twelve months"].
The bvi is a country with laws: Justice has been served.
Let me take this opportunity to commend her majesty's royal police officers, her majesty's customs and immigration for protecting our boarders from these lawless invaders.
One love BVI