Shaquille Stefan Elder from South District, St George has been ordered to pay $25 000 for having an illegal gun and ammunition. However he has been given some time to settle the amount with the High Court.
Elder had a .32 pistol in his possession on July 13, 2017 along with 12 rounds of ammunition.
Senior Crown Counsel Neville Watson in earlier sentencing submissions told the No. 3 Supreme Court that the aggravating factors of the cases were the fact that the gun was in good working order; the 12 rounds of ammunition were live and were loaded in the gun for “immediate use” if required. He also pointed out that the now convicted man had no licence or permit to carry such items.
In the accused’s favour, was that the firearm was recovered and there was no evidence that it was used in any crime.
Justice Greaves said, “In this jurisdiction we treat the recovery of a firearm as a substantial mitigating factor since the object is to rid our society of these menacing articles.”
In the circumstances, Senior Crown Counsel Watson and defence counsel Kyles Walkes agreed that Elder’s case was appropriate for the imposition of a fine rather than incarceration. Justice Greaves said the court agreed with the submission.
Having considered Elder’s means to pay a fine, the High Court judge sentenced him to pay $15 000 for possession of the firearm. The amount must be paid by Friday May 14 or Elder will spend an alternative of eight years imprisonment. He had already spent 28 days on remand at Dodds.
For possession of the 12 rounds of ammunition, the convicted man must pay $10 000. However, Justice Greaves explained that this would be facilitated in two installments due to the circumstances of the death of Elder’s father just last week and who was expected to assist him in meeting the payment of the fine.
The first $5 000 must be paid by June 30, 2021 or Elder will spend four years in prison.
“The court is able to make such an order because the convicted man represented that he will be able to raise $6 000 by meetings by the end of June and is willing to pay the full amount to court,” the judge said as he ruled that the remaining $5 000 must be paid by December 30 this year or he faces four years in prison.
“That would satisfy the convicted man’s request for additional time for the payment of the full amount having regard to his father’s recent death.”
