Mandatory gun sentences for Security Council discussion – Morris
This was disclosed by Acting Commissioner of Police David Morris at a recent meeting that was organised by the Road Town Anti-Crime Group.
Its President, Eugenia O’Neal, had submitted a number of recommendations to Premier Dr. D. Orlando Smith – one being a mandatory 10-year sentence for any crime committed with a gun and a five-year sentence for gun possession.
However, Morris explained that there are two types of sentences - guidelines and presumptive – which are critical to a defendant’s case. “When I say guidelines I mean a lawyer can mitigate for his client and the Judge or Magistrate can decide what sentence to hand down while in a presumptive case that person will be going to jail for the maximum term.”
To this end, a report will be given to the National Security Council, the acting COP divulged. “It is just getting the strengths and weaknesses around that and then it’s up to the Premier and Governor to enact the necessary legislation.”
The anti-crime group, over the past two years, has been vocal in their call for the mandatory sentencing to curb the escalating gun crimes in the Territory.
Mrs. O’Neal, at the meeting, posited that perpetrators are not getting the kind of sentences that sends a strong deterrent message. “The uneven nature of some of the sentences that we see coming out of the courts...we don’t feel that the people are getting the kind of sentences they should.”
Premier throws support behind mandatory sentences for gun crimes
Meanwhile, Hon. Smith during an NDP radio programme on March 19, 2012, had disclosed that his Government is extremely concerned about the amount of illegal weapons in the Territory and noted that while there seems to be a difficulty in stemming the flow, systems must be put in place to address the problem.
“I recall during the last administration we recommended increase in penalties, quite severe increase in penalties but before we increased those penalties we had an amnesty period where we asked people to bring in their weapons so that they wouldn’t get these severe fines but despite that there seems to be a number of illegal weapons out there. It is a great concern for us because it is doing more harm to us as a people and as a country and therefore we have to look at other ways of preventing the use of illegal guns and the use of it in criminal conduct,” the Territory's leader had stated.
He had further said the idea of mandatory sentences and stiffer penalties must be seriously considered since the current trend poses a danger to the people and the Territory as a whole since it would have a negative effect, particularly on the tourism industry.
Currently, when tried in the Magistrate’s court, a person in possession of a firearm will face a fine not exceeding $5,000 or a term of imprisonment not exceeding 5 years. If the matter is indictable, a person in possession will face a fine not exceeding $10,000 or a term of imprisonment not exceeding 10 years.
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