He was originally sentenced to seven years in prison but today the Court of Appeal sentenced Calston Emmanuel Sealy to time served.
Sealy had pleaded guilty to having an unlicensed .25 automatic calibre pistol and two bullets before Justice Elneth Kentish in May 2010. He was sentenced later that year to seven years on each count, to run concurrently.
The convicted man resides at Shop Hill Tenantry Road, St Thomas.
His attorney, Angella Mitchell-Gittens, argued before Chief Justice Sir Marston Gibson K. A, and Justices of Appeal Andrew Burgess and Kaye Goodridge that the appellant would have been sentenced prior to the Court of Appeal’s decision in the case of Alexander.
This decision overturned the automatic mandatory seven-year sentence for firearm or ammunition possession and gave judges discretion in subsequent sentencing for such offences.
Mitchell-Gittens also submitted that there was neither use of nor intended use of the firearm. She pointed out that her client had in fact called a police sergeant on three occasions so that he could hand over the gun, but never reached the lawman.
Sealy had already spent 36 months in jail, the lawyer added, in her appeal for Sealy to be granted time served.
In responding, Crown Counsel Alison Burke agreed that Sealy’s presentencing report had been somewhat favourable, that he had pleaded guilty early and that there had been no aggravating features to the offence.
In a statement to police, Sealy told them that he spotted a shiny object as he was walking across Weymouth B pasture. When he got close to it, he realized it was a gun and took it up. He travelled around with it for a while but after having a bad dream about keeping the gun, he made attempts to reach a Sergeant Yarde to hand the weapon over to him.
On the day he was caught with the weapon, he was walking along Garden Land, St Michael when he saw a police vehicle. He turned through a track but saw two other policemen approaching so he threw the gun on the roof of a house.
Police retrieved it and Sealy was arrested and charged.