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Caines jailed for four years

A man who had been on remand at St. Brendan's Hospital on a Section 33 Order for a year was yesterday sentenced by the Supreme Court to a total of four years in prison.

Junius Cyrus Carmen Caines, 33, of no fixed abode, was last week sentenced to 12 months in prison by Acting Senior Magistrate Carlisle Greaves for entering the Phoenix store and stealing $200 cash from the till.

Caines was on remand at St. Brendan's because it was deemed that he was not fit for sentencing after a psychiatric report last year.

Yesterday Caines was to be sentenced for stealing and uttering a cheque and threatening a Bank of Bermuda teller and another charge of entering the former Bermuda Home office and stealing $5,000 from a cashier.

Justice Archibald Warner said the psychiatric report from St. Brendan's received by the court dated November 1, 2002 was not valid, because when he was in prison the hospital had not realised that.

The report had stated that Caines was much better and was fit for society and that there was a place for him.

Mr. Warner said: "Lo and behold, he proved them wrong himself.

"He needs a more restricted environment than St. Brendan's."

Defence lawyer Larry Mussenden urged Mr. Warner to give St. Brendan's Hospital another try, have another social inquiry report carried out and to have Caines return for mention in three to six months.

"Because they (St. Brendan's) let Caines out on day release programme, he should not have to bear the brunt of it all.

"It was not his fault," Mr. Mussenden said.

Mr. Warner said: "I am not blaming Caines, but he has proved that he is not fit for society.

"St. Brendan's was supposed to inform the Supreme Court before he was allowed out."

Caines had stated in his Police statement that he would continue to steal as long as he was out of work and homeless.

Mr. Warner asked: "Does this sound like mad man to you?"

The antecedents were read and Caines' career as a criminal dated back to 1985.

Crown counsel Graveney Bannister pointed out that Caines had told Police officers that he had stolen the money from the Phoenix last week to get high.

Mr. Mussenden felt that Caines should not be sent to Westgate Correctional Facility for five years.

But Mr. Warner said: "He can get adequate treatment there."

He sentenced Caines to four years in prison with four twelve-month sentences running consecutively.

Mr. Mussenden asked if the year that Caines had spent on remand could be taken into consideration, but Mr. Warner said: " No, we have been trying to help him and treat him during this year."

It was ordered that Caines continue to receive treatment for his mental health and for drug addiction while he is in Westgate.