Gun and ammunition accused gets tougher sentence

A man found with a loaded gun in the “heart of Bridgetown” has two years and 97 days more left to spend at HMP Dodds.

This was the sentence handed down to Tevin Tevon Herbert, of 51 Kensington Lodge, Passage Road, St Michael today by Justice Laurie Ann Smith-Bovell during a virtual sitting of the No.4 Supreme Court.

On April 7, 2021; Herbert pleaded guilty to having a .380 auto calibre pistol and 12 rounds of ammunition on December 24, 2018.

On that date, police received information which caused them to visit I-Exchange, Broad Street, St Michael. On arrival, they saw Herbert with a magazine protruding from his right pants pocket. The officers approached and identified themselves. During a search, a magazine with six rounds of ammunition was retrieved and he was arrested. At the police station, a black firearm with ammunition was removed from the crouch of Herbert’s boxer shorts.

Herbert told officers he found the gun and ammunition by a palling in Passage Road. He said he did not hand it over to police because he feared arrest.

After admitting to the offence he told the court: “I have been incarcerated for 28 months now, I have no previous charges or convictions. This is the first time I have ever been in anything with the law…promise this is the first and last  time I would put myself in any difficulties with the law.”

Herbert also apologized to the court and his family saying he was ready to go forward with his life especially as a father.

The Crown did not seek a custodial sentence but suggested substantial fines. They said the aggravating factors were the possession of a powerful handgun which was loaded and in good working order along with having the items in public, placing members of the public at risk.

The mitigating factors were said to be the fact that there was no evidence of use of the gun, Herbert’s early guilty plea, cooperation with police, his remorse and no previous convictions.

Lawyer Shadia Simpson said no inference could be drawn that there was some deliberate or intended criminal use of the gun. She also said that finding and keeping the firearm should not be considered an aggravating factor but however, agreed that the place where the firearm was found was aggravating.

She agreed with the mitigating factors noted by the prosecution and also asked the court to consider his young age of 21 at the time of the offence. Simpson said Herbert was still young and moldable and capable of being rehabilitated.

She informed the court that her client didn’t have means for a fine and suggested a custodial sentence with the necessary deductions.

Justice Smith-Bovell after considering the evidence said “How is it that we now live in a society where guns are so prevalent that persons could be walking along a pasture and find a loaded firearm and an extra magazine loaded with ammunition? This sort of behaviour needs to be stamped out.”

“Within the context of the prevalence of illegal possession of and use of firearms in society, the court was given no explanation why Herbert would be walking in the heart of Bridgetown with a loaded firearm” she added.

The sentence imposed was just over four years. She then took into consideration the mitigating factors mentioned by both sides and imposed discounts for those factors, days on remand and his early guilty plea.