Sentence was finally passed yesterday on two men who pleaded guilty to a two-year old robbery.

Kyle Tannock Williams, 20, and Bennett Alexander Phipps, 19 were both sentenced to two years imprisonment followed by a two-year probation period in Supreme Court yesterday. They pleaded guilty to robbing Durnell Smith on August 9, 2001.

Assistant Justice Archibald Warner said the only mitigation in their sentencing was their ages at the time of the offence. Williams was 18 at the time, and Phipps was 17.

Initially both men had denied charges of stealing and assault. Due to difficulties with Legal Aid and administrative difficulties within the legal system, however, their trial had numerous false starts before they finally appeared before Mr. Warner on Tuesday. That day Crown counsel Graveney Bannister amended the charges from stealing and assault to the one charge of robbery, and both men pleaded guilty to the charge.

Mr. Bannister, reading from a summary of evidence, said Mr. Smith had left his job at the old Club Med hotel the evening of August 9, 2001 and walked home along the old Military Road.

However he rounded a corner to be greeted with a punch in the face from Phipps. Mr. Smith said Williams then grabbed him from behind, and the two men began taking turns kicking and punching him.

The men stripped him of his clothing, leaving him naked save for a pair of boxers and his socks. They also took a chain and ring from around his neck, as well as $100 in cash he was carrying in his pockets. The total value of the goods stolen was $1,350.

"The paramount issue is deterrence," said Mr. Bannister when suggesting a sentence. The maximum sentence for this offence, he added, was 14 years imprisonment.

He added that while the pair did not have particularly bad records, the offence with which they were charged was a serious one, and recommended a sentence of four to seven years.

Phipps' lawyer Michael Scott pointed out that the pair had already been incarcerated for five months after breaching bail conditions. He also said the victim was the same age and of the same company as the defendants.

"This offence and behaviour are out of character with his (Phipps) ordinary behaviour," he said.

"He has very considerable potential to be a good citizen," he continued, adding that with the assistance of his parents (who were present in the courtroom) Phipps had a chance to get his life back on track.

Mr. Mussenden called the incident "a night of boy's fun - a prank gone wrong", adding: "If they weren't friends, this never would have occurred".

Also saying the behaviour was out of character for his client, he recommended a sentence of two years imprisonment followed by two years probation with a course of rehabilitation and time spent in custody to be taken into consideration.

Mr. Warner agreed with Mr. Mussenden's recommendation, but added: "The only mitigating factor in this circumstance is the age of these defendants.

"Take advantage of this," he told the defendants. "I have bent over backwards to not to lock you up ... You've been locked up because there's been good reason."

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