Wilkie Arthur
Freelance Court Correspondent
Police initially charged JULIANO FULFORD with aggravated burglary of a tourist home in Long Bay, Providenciales.
Through his defense counsel Mrs Leanna Brooks-Campbell, he entered a plea of guilty to the offence of burglary and not that of aggravated burglary. He was later sentenced to THREE years and four months on March 26th, 2024.
Defense counsel made an application to the Crown to get the charge reduced from Aggravated Burglary to Burglary. In the law books of the Turks and Caicos Islands books and most other countries, aggravated burglary or home invasion carries up to life in prison with simple burglary carrying up to 14 years if there is a guilty plea or a conviction of guilt in the Supreme Court.
The sentencing court learned that FULFORD assisted with the recovery of all of the items, with the exception of a set of headphones. The headphones may have gotten lost when he left the residence; there was no evidence to suggest that he did not want to return the only missing item out of many other items stolen.
Counsel for the accused put forth a case in plea and mitigation that following dismissal from his job given that things were slow he resorted to drug use and that during the commission of the offence he was under the influence of drugs which was committed on impulse and not a planned attacked.
The lawyer, Brooks-Campbell told the court that they accept that the offence was serious as it was committed during the early hours of the morning on a villa which housed tourists.
However, no violence was used; no one was harmed; he cooperated with the police, and has shown remorse for his actions.
The defense asked for a Conditional sentence order which would encompass a part of the sentence being served in custody (time spent) as he was remanded for several months and a portion in rehabilitated outside of prison, under the supervision of the Drug and Substance abuse authority, where he would be subject to regular drug testing.
The prosecution argued that the prison has a drug programme that he can undergo.
The prosecution asked for seven years upward adjustment, the defense asked for a one year downward adjustment and argued that Fulford has to be rehabilitated to assist with his integration back into society.
The Court ruled that the offence was aggravated by the fact that it was serious, there was an invasion of a valuable resource – tourism – the bread and basket of the TCI.
Additionally, the offence was committed in the early hours of the morning while persons were at home; attacks on tourist are prevalent in the TCI and there must be a deterrence.
The judge balanced this with the mitigating factors and he was sentenced to three years and four months. His sentence was reduced by one third due his guilty plea and the Judge recommended that he take advantage of the programmes in prison aimed at rehabilitation.
FULFORD has other previous convictions for burglary and had been recently released from prison when this latest incident transpired, on Friday August 11th 2023.
These facts were considered in the sentencing; the three years and four months given the serious nature and implications of the crime, was deemed “unduly lenient” according to some remarking on the outcome of the case.