(CMR) Damion Ainsley Livingston was sentenced to 30 days imprisonment for driving without insurance on six separate occasions after Magistrate Gunn decided that the Summary Court was no longer able to give the defendant any further consideration.
Livingston appealed to the court once he realized the seriousness of the matter and claimed that at age 36 he was “no longer young and immature.” However, the magistrate was not sympathetic towards his mitigating factors.
Appearing in court unrepresented he claimed that as a father of five children living in the Cayman Islands he often has three of those on the weekends. He also noted that he had learned his lesson and matured significantly in the past 12 months. He said:
“I understand I should be going to prison today but I have learned so much in the past year .. even sold the car and I have 5 kids on the island.”
None of the children reside with him.
The Jamaican national also shared that he had been working well at his job and things were finally starting to come together for him. He observed he could have been so much further ahead had he been this focused years ago. He also shared he sold the vehicle.
Magistrate Kirsty-Ann Gunn noted in her sentencing that he had not demonstrated this by his actions and in fact, he showed a complete disregard for the law. Livingston was in court for a number of offenses including:
She observed that on the last occasion he had received a suspended sentence and then chose to drive whilst disqualified and without insurance. He also was unable to complete his community service order in the allotted time and had to be given an extension by Magistrate Phillipa McFarlane.
She noted that “you are not learning from previous sentences .. you have not changed your life around and this is not a matter of you being young and reckless, you just have a total disregard for the law.”
In delivering her sentence which sent him to prison immediately she noted that on count one he was receiving 30 days imprisonment and the same for count two which will run concurrently. On count three he received seven days imprisonment.
On the matter of the two curfew breaches, he was fined $650 and $800. He also has to pay a fine of $100 for failing to surrender to the court in May he did not appear in court. For driving whilst disqualified he received an additional disqualification from driving for two years.
Magistrate Gunn giving him credit for his early guilty pleas strongly cautioned him that should he drive during the disqualification period he will be headed to jail again without question.