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Crown, defence spar over sentence to `habitual' thief

An additional six months for having a stolen cycle was added to a habitual thief's jail time yesterday.

Tyari Harvey, 23, of Sylvan Dell Road, Paget, pleaded guilty to having the stolen bike on September 16.

Tensions flared between former Crown Counsel Larry Mussenden and prosecutor Juan Wolffe over the sentence Harvey should get.

Mr. Mussenden -- who left the Public Prosecutions office in September -- argued that despite Harvey's extensive stealing record, he is a "shining member of the community fighting to get out'' and entitled to a second chance.

"He is already in prison,'' Mr. Mussenden explained. "I would ask that he be given the opportunity to get his life together.

"Just because someone has a bad start, doesn't mean we need to add on to that. The Crown wants us to kick a person when they're down?'' Acting Magistrate Justin Williams heard that around 9.15 p.m. that night, Police were driving behind Harvey, who was riding a green Yamaha cycle.

They stopped him after they noticed it had a January 1999 licence sticker.

Upon further check of the cycle registration, they found that it was reported stolen on May 20.

When Police confronted Harvey, he said: "I just borrowed this bike from Beefy, I didn't know that it was stolen.'' Mr. Wolffe noted that Harvey, who has a criminal history dating back to 1995, had a six-month suspended sentence outstanding and asked that Mr. Williams should enact it "immediately''.

"An immediate custodial sentence is the only way to deal with this matter, Your Worship,'' Mr. Wolffe said. "He is in breach of his suspended sentence.

We ask that it be activated, as well as whatever else Your Worship chooses to give.'' Mr. Mussenden responded: "He's already spent three months in prison! "He obviously had some difficulties growing up,'' he continued. "He was given no structure and he didn't have the familial support that people have.

"So he ends up walking around the street, mixing with the wrong company, which is what happened with the stolen bike. There is nothing in place to assist people in this predicament.'' But Mr. Wolffe curtly responded: "He has been given these chances. A custodial sentence is the right sentence and only sentence.'' In the end, Mr. Williams said: "It's not a question of a custodial sentence, just how long the sentence should be.

"I think an immediate custodial sentence should be given. Six months consecutive to the term that is already being served.''