The case in which a man owned up to having ten rounds of ammunition does not merit a custodial sentence, but a fine would meet the justice of the crime.
Madam Justice Laurie-Ann Smith-Bovell made that ruling on Friday as she sentenced Terry Decourcey Crichlow, of Lears Gap, St Michael to pay a fine of $10 000.
Crichlow had pleaded guilty before the judge in the No. 4 Supreme to possession of nine .32 mm rounds of ammunition and one round of G.F.L 7.65mm without the valid permit to do so.
The offence was committed on September 26, 2014.
In delivering her sentence Justice Smith-Bovell pointed to the aggravating features of the crime among them the category of ammunition that Crichlow had which she described as dangerous, the large quantity, and the circumstances in which he came into possession of the ammunition.
The judge said that the facts revealed that the now convicted man came into possession of the ammunition during the course of cleaning illegal firearms for unidentified persons.
She said there were no mitigating factors with regards to the offence but an aggravating factor to him as the offender was the fact that Crichlow “used his training as a former defence force soldier to assist persons in having illegal firearms in good working order”.
Going in his favour were his early guilty plea, his expression of remorse and the fact that he had no previous convictions.
“The court is of the view that this case does not merit a custodial sentence as that sentence is not the only sentence that could do justice to the case. Notwithstanding that, a non-custodial sentence is being imposed. It bears repeating, ‘there is no right to bear arms . . .’
“Your complicity in assisting persons with having illegal firearms in good working order gets you just as guilty as the offender with the firearm. Therefore the sentence which the court imposes must reflect its disdain at such behaviour,” the judge ruled.
Taking into consideration the facts of the case, the aggravating and mitigating factors as well as the 17 days Crichlow spent on remand, Justice Smith-Bovell considered that the fine of $10 000 to be appropriate.
However she said the sum of $8 000 had to be paid forthwith and the balance for $2 000 is payable in three months or he would face the alternative of three years and 50 days in prison, the balance of a six-year starting sentence.
Crichlow was represented by attorney-at-law Jamar Bourne and State Counsel Kevin Forde was the prosecutor.
