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Hotel burglar’s sentence increased on appeal

A burglar who broke into a hotel room and fought a tourist had his sentence more than doubled in a Supreme Court appeal.Stanley Davis, 46, had been sentenced to 12-months imprisonment for the 2010 incident, but Chief Justice Ian Kawaley found that the sentence was inadequate, noting the defendant’s criminal history and that the offence took place when the defendant was on probation.The court had heard that at around 2.30am on November 22, 2010, American visitor Ronald Keaton and his wife were sleeping in a second floor room at the Fairmont Hamilton Princess when Mr Keaton sat up and saw Davis crouching at the foot of his bed.He challenged the intruder sparking a short fist fight, in which the intruder told Mr Keaton that he had a gun.Davis fled the scene, leaping from the second floor balcony to the ground outside, leaving a sweatshirt and a hat behind. Both items were subsequently tested and shown to have Davis’ DNA.He was later arrested in connection with other burglaries and charged for the offence.Davis pleaded guilty to the burglary in Magistrates’ Court, telling Senior Magistrate Archibald Warner that he was working hard to turn his life around and overcome his drug addiction.Mr Warner sentenced Davis to 12-months imprisonment, to be served following a two-year sentence that had been imposed for other burglary offences.Last month, Crown counsel Susan Mulligan told the Supreme Court that the sentence was “manifestly inadequate,” calling the incident one of the worst cases of burglary possible and Davis the worst kind of burglary offender.Since 1985, she said Davis has built up 36 convictions for burglary, along with other convictions for prowling and receiving stolen goods. In this case, the target was a hotel room which Ms Mulligan argued Davis should have expected would be inhabited.She also noted the violent confrontation during the incident, but lawyer Marc Daniels, representing Davis, said the complainant had, understandably, started the physical confrontation.Mr Daniels said that Davis is battling an addiction to crack cocaine and hopes to go overseas for treatment because his reputation as a burglar limits his opportunities on the Island.In a written decision released yesterday), Mr Justice Kawaley described the one-year sentence imposed by Mr Warner as a “significant penalty,” but agreed with prosecutors that it was inadequate given all the circumstances.Mr Justice Kawaley wrote that while the vast majority of sentences imposed by the Magistrates’ Court are accepted by both the prosecution and the defence as lawful and fair, from time to time the Supreme Court will take a different view as to how sentencing power should be exercised.“Where an individual is a persistent offender, threatens the ability of others to enjoy their property rights in their own private space and provides no credible basis for concluding that he will avail himself of rehabilitative options, justice requires a firm and purely punitive sentencing response,” the Chief Justice wrote.“For these reasons, the consecutive sentence of one year’s imprisonment was manifestly inadequate and must be increased to a consecutive term of 30 months.“But justice also requires the Court to encourage the Respondent to overcome his demons and choose to embrace rather than surrender the ample and hard-won freedoms that Bermuda’s Constitution permits him to enjoy.”