Young man ask court not to impose heavy fine for gun he had as a teen

Shawayne Shorey broke down in tears as he begged the court not to impose a suggested $25,000 fine on him for having an illegal firearm seven years ago.

The fine was recommended by Crown Counsel Kevin Forde as he made his sentencing submissions in the No.4 Supreme Court before Madame Justice Laurie-Ann Smith-Bovell on Wednesday.

Shorey had previously pleaded guilty to having a 12-gauge signal flare launcher, without a valid licence, on August 17, 2014.
Shorey had asked the court for leniency, saying he had “paid attention to the situation and learned a lot from it”.

The convicted man said while he did have the gun in his possession, he did not know it was a deadly weapon.

“I never meant any harm to myself and to anybody. The gun was never loaded and I only knew it as a flare gun or safety gun. It never left my home,” Shorey told the court.

“I have suffered dearly in prison, and while in prison I have reflected on myself and I will never put myself in a situation to jeopardize my freedom or to harm myself or my family.”

Shorey, who is out on bail, told the court he was now gainfully employed and “doing well”.

“I want to be an asset to society and be an asset to the country,” he maintained as he wiped tears from his eyes.

When asked how he felt about the prosecutor’s suggestion that he be made to fork out $25,000, Shorey told Justice Smith-Bovell the amount was too high.

He told the court a fine within the range of $5,000 to $10,000 would be more affordable.

Shorey said his mother, who was also present in court, indicated she would assist him in paying a fine.

“From what you are saying, your mother is in a position where she can assist you with the fine. She has approximately $4,000 that she has put down that she can bring when I do sentence you?” Justice Smith-Bovell asked rhetorically.

Moments later, when asked if he had anything to say to the court, Shorey again apologised profusely and pointed out he was just 17 years old at the time of the offence and never intended to harm anyone.

In his earlier submissions, the prosecutor told the court the Crown was not seeking a custodial sentence. Forde said even though the offence was a serious one, the Crown was of the view that a substantial fine was best suited.

He pointed out the aggravating factors of the offence were that the convicted man was in possession of a powerful handgun, the prevalence of the offence in society today, and that it could be inferred that Shorey was going to use the firearm as he kept it at the house where he lived with his mother.

The mitigating factor, Forde said, was that the gun was not loaded when it was found.

In relation to the offender, the prosecutor said the lone aggravating factor was his intermittent drug use.

However, he pointed to Shorey entering an early guilty plea, expressing regret and remorse, having a prior clean record and a low risk of reoffending, and his conduct since committing the offence, as mitigating factors.

“Taking into consideration the aggravating and mitigating factors, it is submitted that the now convicted man pay a fine of $25,000, with $20, 000 forthwith and the remaining $5,000 in five months, with an alternative of six years in prison,” Forde said.

“Of course, in relation to the alternative starting points, he must be credited with the time spent on remand and entitled to a one-third discount for his early guilty plea.”

Justice Smith-Bovell adjourned the matter until February 25, 2022, when Shorey will be sentenced.