CJ gets tough on gun offences

Magistrates were advised yesterday not to hesitate to jail first offenders on  any gun or ammunition related offences. The advice came from Chief Justice Sat Shar-ma as he affirmed a three-year sentence imposed on Amos Dick in July 2002 for armed robbery by Magistrate Nanette Ford-John.

The CJ, sitting with Justice Anthony Lucky in the Court of Appeal yesterday,  said that the offence committed by Dick “was a very serious offence and that the Court  must send a message, even on a first conviction.” “A magistrate  must not hesitate to impose a custodial sentence for these type of offences — the offence relating to possession of arms and ammunition is prevalent and the Court  will take a very serious view of anybody properly convicted of any such offence,” he said. He further warned those who use guns to perpetuate their crimes not to expect any leniency. He added that  since the offence is so inherently serious, very little, if any,  attention will be paid to that factor in cases involving firearms and ammunition in the prevailing circumstances.

Special State prosecutor Joan Charles agreed with the Court that given the seriousness of the crime, the sentence was appropriate. Dick’s attorney Sean Cazabon had appealed against the sentence, arguing that the magistrate in her reasons did not go into sentencing principles, and therefore did not take into account any mitigating  factor in sentencing his client. But the Court dismissed the argument, stating that when a matter comes before the Court of Appeal, the court is entitled to look at the matter as a whole. The fact that the Magistrate did not give a catalogue of reasons does not invalidate the decision, the Court found. The CJ reiterated that the appeal is not against the reasons, but the decision.

The CJ further stated that if  the Court is satisfied that the magistrate  acted reasonably, then the Court  will do what is necessary, “and in this case the Court is satisfied that the appellant participated in an armed robbery as part of a joint enterprise.” Dick, 22, a carpenter, was charged with robbing Deryck Charles at gun point on April 21, 2002, at Bhagaloo Street Extension, Enterprise, Chaguanas. Dick made off with Charles’ wallet, two Linx cards  and $145  in  cash. He was arrested by PC Rommel Persad and sentenced on July 21,  2002.