Selvin Chinnery gets 6mths prison time for nail gun shooting incident
Mr Chinnery, 42, was charged for the offence of reckless and negligent acts allegedly committed on February 18, 2012. He had pleaded guilty to being armed with an offensive weapon (nail gun) but told the court he had fired the weapon in self-defence after the Virtual Complainant (VC) allegedly tried to run him over with his own car.
According to the allegations, Chinnery had a discussion with the VC in the matter in relation to having his [Chinnery’s] car sold and the VC reportedly drove off with his car after he told him not to and Chinnery allegedly fired the nail gun in his direction.
Prior to passing sentence, Magistrate Richards told the court she did not believe the testimony given by the defendant during the trial. "I am not satisfied that you told the whole truth or even part of the truth.”
She said she also took into consideration the fact that Chinnery, who was on bail, had destroyed the gun and had disposed of the pieces and that she had ruled on the evidence of the Crown's witness as opposed to that of the defendant's.
In recounting the proceedings of the trial, Magistrate Richards said the court had heard that Chinnery had thrown himself at the mercy of the court and that he was an active member in church. He had also apologised to the court and to the members of the church's youth group for which he played a lead role.
The Magistrate, however, noted that persons cannot be led to believe that they can commit an offence of firing a gun at another and get off lightly.
It was a wailing moment for Chinnery’s spouse who appeared to be in an advanced stage of pregnancy. And as for Selvin Chinnery, he was in a state of disbelief as he was being led out of the court room in police escort. With blood red, watery eyes he said, "What happening with my life? That was pure lies, pure lies he tell and pure lies.”
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20 Responses to “Selvin Chinnery gets 6mths prison time for nail gun shooting incident”
I hope he knows what pumpkin have.
That's what he wouldve been charged with IF the gun was a 'real' gun. You said if yourself and still chat $h1t behind it? WTF?
Let me once again commend VINO for its high level of journalism on its free and democratic news site and for allowing Her Majesty's free citizens and residents to blogg openly and freely.
The real legal team usually blogg on the BVI law,and would most of the time call on those in authority to obey the law.Laws were written in simple language,for all to read,understand and interpret.
The Legal team attended basic"Goal-pit-school" and he does not have a bachelor's of law degree.
Based on the topic,let us read the BVI Criminal Code,1997,particularly the section which defines/create the offences for which this gentleman[selvin chinnery] was charged with:
Reckless and Negligent acts!
Section 178 of the Criminal Code:The BVI law states:-
""Any person who,in any manner so rash or negligent as to endager human life or safety-
(a)Does any act with respect to,or omits to take proper precautions against,any probable danger from any explosive or FIREARM in his possession or control,
Commits an offence and is liable on conviction to IMPRISONMENT for a term not exceeding TWO YEARS"".
Let us now go to a section of the BVI law in the Criminal Code,which defines [Rogues and Vagabonds-
Section 286 of the BVI Criminal Code states:-
""(1) Any person who
(b) Is ARMED with any FIREARM,cutlass,bludgeon or other offensive weapon or instrument,with INTENT to commit any criminal ACT,
Shall be deemed to be a [Rogue and a Vagabond,and commits an offence and is liable on conviction to IMPRISONMENT for a term not exceeding one year""
You will have read from these excerpt of the BVI law that no provisions were made by parliament to include an optional fine as means of punishment:The law declared-IMPRISONMENT---------
Direct Jail-Time!!!
From all indication,the case brought against the accused was afforded a fair hearing within a reasonable time by an independent and impartial court established by law,as declared in section 16 of the BVI Constitution.
The most I can say at this time is commend the Magistrate,for this appropriate sentence in the circumstances,noting that the maximum penalties prescribe by BVI law for these offences are-
2 years and
1 year,respectively.
My advice to you good and loving citizens/residents of Her Majesty's BVI,is learn to walk away from situations that may cause you to appear before a court of law,charged with a criminal offence:
Be A coward-Just RUN! RUN! RUN!