High Court judge Randall Worrell is concerned about the number of young men being held with firearms at parties.
He made the point in the No. 2 Supreme Court while fining Ramon Jamal Payne, of Boscobelle, St Peter, for having a 9 mm pistol and nine bullets on April 25, 2017.
Justice Worrell said he did not understand why people see the need to carry guns with them when they go to party.
“I don’t see a reason, if you have a firearm, why would you be taking it to a party,” the judge told Payne during sentencing last Friday.
“First of all, you shouldn’t have it in the first place anyway, but you are going to a party and you have it in your hand, based on what one of the persons who gave an account to the police is saying. Then the police of course tried to stop you and, for obvious reasons, you run because you have a firearm.
“But I don’t see the reason for having a firearm in the first place. But yet you decide not only do you have it but you are brandishing it. You have it and you go to a party where people would obviously be looking to enjoy themselves. But that seems to be a trend – young persons like yourselves think there is some treasure, I suppose, in having a gun,” Justice Worrell added.
However, the judge pointed to several mitigating factors that led the court not to impose a custodial sentence in Payne’s case.
He said those included the fact that he is a young man with no previous convictions, the firearm was not used, and Payne still had a job, which meant he was a contributing member to society.
Justice Worrell said the young man’s mother and sister had also indicated they were willing to assist him in paying any fine that was imposed.
He said taking into consideration the aggravating and mitigating factors, “I think that the seriousness of the offence points to a custodial sentence and the court is of the opinion that six years would be that starting point”.
Justice Worrell then told the convicted man that he would receive a two-year discount with respect to mitigating features, which reduced the sentence to four years. He said Payne would also receive a one-third discount for the guilty plea, leaving 992 days.
Justice Worrell said the 811 days Payne spent on remand would also be discounted, leaving 181 days remaining on his sentence.
“The court is not of the opinion that you should be sentenced at this point in time to a period of imprisonment, but the court’s sentence in respect of the firearm is $10 000 in six months or 181 days in prison. In respect of the ammunition, the sentence of the court is $5 000 to be paid in six months or 181 days in prison. The sentences are to run concurrently,” the judge said.
Justice Worrell told Payne he would also have to sign the necessary documents indicating he would repay both his mother and sister.
He advised him to keep out of trouble and away from the law courts.
“I will hope that you understand that the two years-plus which you spent on remand, I hope that you have learnt something from that and that we don’t see you back in these courts in respect of any type of criminal matter.
“You are a young man, you are fortunate to have a family that is willing to help you, and in addition to that you are fortunate to still have a job at this time,” Justice Worrell told Payne before he was allowed to go.
