Appeal court lets stand 7-year term
a machete-wielding robber who grabbed close to $25,000 from security guards outside of Bank of Bermuda headquarters last year.
The decision came despite arguments from 25-year-old Randolph Lightbourne's lawyer, Mr. Tim Marshall, that his client's confession had helped Police and he deserved a chance at rehabilitation.
Lightbourne, of Scott's Hill Road, Somerset, was sentenced in the Supreme Court in May to seven years for robbery with an offensive weapon, two years for unlawful wounding and one year for stealing the motor cycle he used in his escape attempt.
The robbery occurred outside of the bank on Front Street on May 9 last year, after apparently careful preparation by Lightbourne, Crown Counsel Mr. Brian Calhoun said.
Lightbourne stole a bike specifically for the robbery, and bought the machete, a crash helmet with dark visor, a navy blue raincoat, black sneakers, black stockings to use as a mask and gloves.
With his face hidden behind the dark helmet visor and brandishing the machete, Lightbourne approached security guard Mervin Warner who was carrying bank bags containing $24,524 and demanded the money.
Warner hesitated and Lightbourne grabbed the bags and swung the machete, cutting the guard's ankle and severing his Achilles tendon.
Warner went back toward Front Street while Lightbourne ran to the rear of the bank where his bike was parked.
Ramsey pulled the van in front of Lightbourne's cycle, but Lightbourne struck the van and sped off with the money and the machete.
A chase on foot, involving Safeguard Security president Paul Field and several others, ensued from the Par-la-Ville park to Bull's Head parking lot where Lightbourne was eventually caught.
But yesterday Mr. Marshall said seven years in prison was "manifestly harsh and excessive'' in light of the fact that Lightbourne's confession helped Police with features of the case that would have gone unknown.
"When this happens it is proper and right that the offender realises that he will not be overly penalised for making those admissions,'' he said, "because if he is going to receive a stiffer sentence this will result in defendants saying the bare minimum when talking to Police''.
Mr. Marshall said Lightbourne did not intentionally cut the guard. And the injury was not life threatening.
He said while Lightbourne had a blemished record, he was not beyond the stage where he could not be rehabilitated.
He also pointed out that Lightbourne has a three-year marriage and an 18-month-old baby.
And he noted that Lightbourne's former employer wrote a letter to Supreme Court, saying the offence was out of character for Lightbourne.
Mr. Marshall said Lightbourne had a "commitment'' to full employment, his family, and his religion.
"All of these facets of Mr. Lightbourne's past and present are stabilising factors that ought to have been given greater consideration because they do point to the possibility that Mr. Lightbourne can be rehabilitated,'' he said.
The seven-year sentence may remove all of these "stabilising'' factors and result in a worse situation once Lightbourne is released, Mr. Marshall argued.
He said the offence was not right, but it was motivated by Lightbourne's desire to look after his family.
"The sentence should be one that sent a clear message that his actions were wrong, but one which encourages him to get back on track and do what is responsible as a loving husband and father,'' Mr. Marshall said.
Countering Mr. Marshall's arguments point by point, Mr. Calhoun said anyone who received a severed Achilles tendon would consider that a serious injury.
And he stressed that Lightbourne's preparations for the offence were aggravating factors.
He said Lightbourne used a stolen bike in the offence to throw suspicion on somebody else, because he did not plan to get caught.
Mr. Calhoun also pointed out that Lightbourne planned the robbery in anticipation that his financial situation would worsen when his wife finished at her job at the end of the month.
"He said he believed he could carry out the robbery successfully because he knew a similar robbery had been done successfully before,'' Mr. Calhoun added.
He noted that robbery normally carries a maximum sentence of 10 years in prison. But the penalty for armed robbery could be as high as 14 years.
Mr. Calhoun also noted that Lightbourne -- who has previous convictions for offences involving theft and violence -- had this time attacked one of a group of victims considered "specially vulnerable'' by the court, security guards.