Car thief convicted for 39th time

A man with 38 previous convictions, and a rap sheet stretching back to the 1970s was yesterday sent to prison for larceny of a motor vehicle, nearly six months after he was released from one of the country's penal institutions.

Donovan Phillips, described by Senior Parish Judge Lori-Ann Cole-Montague as a "habitual offender", was sentenced to three years' imprisonment when he appeared in the Kingston and St Andrew Parish Court.

He was charged by the police after he was found in possession of a stolen motor vehicle. Another man, Mark Marley, who was also in the vehicle, was charged with receiving stolen property. However, he was admonished and discharged.

Phillips told the court that he met Marley at a domino tournament in Ocho Rios, St Ann, in March. About three months later, June 18, he was driving in the Cross Roads area of Kingston when he stopped to talk to Marley, who shared with Phillips that he wanted to buy some car parts.

"I offered to assist him, Your Honour, and took him down to Bert's in the vehicle I was driving. The vehicle in question is stolen and it was given to me. I took the man to the auto-parts shop and on my way back from the parts shop, the vehicle was intercepted by the police. I would like to make it abundantly clear that this man is as innocent as you are. He did not know that the vehicle in which I took him up was stolen or had any reasonable cause to suspect that it was stolen," Phillips pleaded.

Beg for leniency

Phillips told the court that he was released from prison on January 30 this year, after serving a six months imprisonment and was in no position to beg for leniency from the judge, as he was admonished and discharged from the court when he appeared last.

"I am asking, Your Honour, well, I can't even ask for leniency. I will have to accept whatever decision you make without a murmur because you had admonished me on the last occasion. You had compassion and you are fair, I can't even beg you, I am just prostrating myself at the feet of your mercy," he begged.

Cole-Montague asked the accused how he acquired the motor vehicle and he told the court: "I had every reason, Your Honour, to know that it was unlawfully obtained. There was something about it that impressed upon my mind that this car must have been a 'peppa'. That is a jargon used within the stolen vehicle ring. I knew they were going to cannibalise the vehicle."

Phillips admitted that his rap sheet dates back to the 1970s.

The judge, who sent him to prison the last time, said she was disappointed.

"You know when I gave you that six months' imprisonment, I was really taking a chance on you because I considered different factors. Not only was I impressed with your eloquence and I felt the remorse and sentiment behind it. But today, I sit here quite disappointed. I think you and I know that you are going to prison today," the judge said.

He was then sentenced to three months' imprisonment at hard labour and the judge advised Phillips that she would not want to see him again inside a prisoner's dock.

His co-accused, Marley, was charged with receiving stolen property was admonished and discharged.

Donovan Phillips '

PREVIOUS CONVICTIONS

* 16 convictions for larceny of the motor vehicle

* 3 convictions for simple larceny

* 4 convictions for driving away a motor vehicle without the owner's consent

* 5 convictions for receiving stolen property

* 2 convictions for forgery

* 3 convictions for larceny

* 1 conviction for obtaining money by false documents

*2 conviction for wounding

* 1 conviction for assault occasioning actual bodily harm

* 1 conviction for impersonating the police