Society must find new approaches to stem the flow of guns into the island and, by so doing, stop the violence that has been plaguing some communities.
Acting High Court Judge Madame Justice Wanda Blair made the suggestion on Friday as she imposed $30 000 in fines on a young man for firearm and ammunition offences he committed just over two years ago.
She said that despite public awareness of the penalties attached to such offences, people were still “acquiring guns and walking with them as accessories.”
“This has to stop! As a society, we have to examine the messages being sent to our young people and come up with new ideas as to how to stem the flow of guns and, by extension, stop the violence in this country. It is not okay to have a gun!” Justice Blair said as she imposed the fines that Kyle Tito Lovell must pay in 24 months to avoid having to spend more time behind bars.
The St Stephen’s Hill, Black Rock, St Michael resident had pleaded guilty to possession of a .22 revolver and 23 rounds of ammunition which were found by police when they executed a search warrant at his residence on March 8, 2019.
The judge was concerned about how the convicted man had acquired the weapon and ammunition.
According to statements he gave police, Lovell picked up the gun after it was dropped during a shootout in which his friend was killed.
“. . . . And you kept the gun. This firearm could possibly have been useful to the police in their investigations of a serious criminal matter. However, instead of turning over to the police, you kept it, you then moved it from the bush and hid it under your bed because, according to you, you were afraid that the men who had killed your friend might come after you.
“That cannot be seen as a mitigating factor by any stretch. You are not entitled to carry a firearm to protect yourself in this country unless you have a licence to do so. You have no right to bear arms. If you felt you needed protection, you should have gone to the police. It’s persons with a mentality like you who are responsible for so many firearm-related offences in this country,” the judge lamented.
In handing down sentence, Justice Blair pointed to the aggravating factors of the first-time offender’s crime, particularly the fact that he was in possession of a loaded revolver that was in good working condition and that he had no licence to carry the gun or a permit for the quantity of ammunition.
“You had a loaded gun in your possession. You saw someone hide something in a vehicle, you picked it up, saw that it was ammunition and you decided to keep it. It was not yours and you stole it. The fact that you knew it was ammunition and yet you took it indicates that you are a lawless person who clearly sees nothing wrong with acquiring a firearm and ammunition,” she said.
On the other hand, she noted, the mitigating factors were Lovell’s previously clean record and that there was no evidence he had used the firearm.
After considering all the facts and the 830 days he had already spent on remand, Justice Blair said the court was of the view that although these were serious offences, a further custodial sentence was not justified in this case.
She therefore sentenced Lovell to the 830 days he had spent on remand as time served. In addition, he was ordered to pay a fine of $15 000 for the firearm offence. That amount must be paid in 24 months or Lovell will have to spend an additional two years and 142 days in prison
For possession of the 23 rounds of ammunition, he was fined $15 000, also in 24 months, with the same alternative sentence attached, if the amounts are not paid by the time he returns to the No. 5a Supreme Court on June 23, 2023. The sentences, if activated, will run concurrently.
“I hope you have learned from your mistakes and you will stick to your trade. You have been given a chance by this court to return to society, the ball is now in your court. You have the power of choice, Mr Lovell, I would urge you to use it wisely,” Justice Blair advised.
She was the latest judicial officer to raise concern about the prevalence of guns crimes in the country.
In recent times, several of her colleagues, including those recently admitted to the bench to clear the backlog of cases, have sent “strong messages” via punitive fines and jail terms, that these crimes will not be tolerated.
Justice Randall Worrell, dealing with a similar matter on Friday, told a convict that any fine imposed should be of such a kind that “you won’t even want to see a firearm on TV or in a book; it should repulse you”. (fernellaweddernburn@barbadostoday.bb)
