'Brazen not naivé — RM

Attempts to sit driver’s licence test for cousin lands teen in jail

Wednesday, September 03, 2014

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A teen who attempted to sit a written and oral driver's licence examination for his cousin will now have to pay a portion of the $300,000 fine or both he and his cousin will spend six months in prison.

The men, 24-year-old Shane Brown and 18-year-old Shawn Berry, both of Kingston addresses, were yesterday sentenced by Senior Magistrate Judith Pusey after spending the weekend in jail.

They were both ordered to pay $100,000 each on a charge of attempting to obtain chattel by false pretence and $50,000 each on a charge of conspiracy to defraud when they appeared in the Corporate Area Resident Magistrate's Court.

Both charges attracted a six-month sentence but the sentences are to run concurrently if the fines are not paid.

The two were arrested after they went to the Swallowfield Examination Depot on August 25 and tried to trick personnel at the establishment.

The court heard that Brown was scheduled to do the exam but Berry went in his place and attempted to do the exam. However, Berry was caught after personnel realised that he was not the person on Brown's photograph.

On Friday, the bail of both men were revoked by the magistrate who instructed them to spend the weekend and contemplate why they should not be sent to prison.

Yesterday, when the matter was mentioned Dionne Cruickshank, who represented both of them, told the court that they have reflected on what they did and have now recognised that they should have dealt with the matter differently.

She also told the court that Berry was trying to help out his cousin who is the father of three children.

"He was naive and simple," she said.

But the magistrate told her that she disagreed and will not accept that explanation.

"I cannot believe that a boy who go down to a Government place to do a test for his cousin to get driver's licence is naive. That is not naive that is illegally clever," RM Pusey said.

According to the magistrate, Berry was brazen.

"Brazen enough to think that he would not get caught," she said.

The lawyer also tried to convince the court that Berry was swayed by youthful exuberance but the magistrate would not be persuaded and insisted that they had to face the consequences of their actions.

"A man must understand himself and you both have to pay for it," RM Pusey said, before handing down the sentence.

— Tanesha Mundle




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