Franklyn’s sentence stands

Alwill “Will” Franklyn’s hopes of having time shaved off his six-year sentence for robbery and assault were dashed when he appeared before the judges of the appeal court on Wednesday of this week.{{more}}

Franklyn, 45, of Georgetown, was sentenced to prison on March 1, 2009, after a a nine-member jury found him guilty of relieving Cassandra Shallow of over $1,000 and hitting her over the head with a ketchup bottle while a party was in progress at the “Drop Off” nightclub in Sans Souci on October 1, 2007.

Franklyn was involved in an altercation with Shallow, a bartender at the time, over fried chicken and chips. Shallow had told the court that Franklyn did not want to wait his turn for his order and became agitated and started cursing her.

About an hour later, Franklyn struck Shallow with a Ketchup bottle on the left side of her head. The woman said that Franklyn also took a Heineken box containing money from a stool nearby and escaped through the back door.

Representing Franklyn, lawyer Ronald Marks argued that the Franklyn’s record of previous convictions had been taken into account when sentencing was passed. He added that Franklyn’s earlier convictions were almost ten years prior to his recent conviction.

Marks also stated that he has never heard of any cases of robbery involving the use of a ketchup bottle and that the aggravating factors surrounding the case were not in any way tremendous.

“We are saying that the six year sentence should be reduced significantly,” Marks argued.

In response, Director of Public Prosecutions, Colin Williams, said that Franklyn did not plead guilty at the first opportunity and had the court go through a full trial. Williams also mentioned that the respondent did not ask for an increase in the sentence and the six years is a “slap on the wrist”.

“Five years is the minimum given to someone who pleads guilty to robbery…he went through a full trial,” Williams said.

Franklyn’s appeal was heard by Chief Justice Hugh Rawlins and justices of appeal Frederick Bruce-Lyle and Davidson Baptiste.(KW)