Not once, not twice, but thrice Don Sylvester Browne has been convicted of a firearm offence, and Justice Christopher Birch warned him on Friday as he sentenced him for his most recent offence to let this be “the last spell to end your fascination with guns”.
Before imposing a sentence that, after deductions, will see the Golden Ridge Village, St John resident spending the next four and a half years in prison, the judge said: “I am tired telling accused persons in relation to firearms that they should know better.”
Browne had pleaded guilty to the unlawful possession of a .45 ACP semi-automatic pistol and several rounds of ammunition.
Pointing out the harm inflicted by firearms, Justice Birch added: “We now have a society where people settle their differences with deadly force.”
He then turned his attention to Browne’s prior convictions.
“The first time you became involved with a firearm and ammunition was in 1996, and imagine that back then we dealt with it with fines…back then you would have been fined forthwith with what was back then big money – $5 500. You would think that when somebody has to part with that sort of money, they would have learned their lesson. But in 2002, you were back again with another firearm, by which time the law had changed and you gave up eight years of your life. You would think after that you would learn, but you came back in 2020 with another firearm,” the judge said as he chastised the repeat gun offender in Supreme Court No. 5A.
He told Browne that while the first time could be understood due to the fascination some have with guns, after being imprisoned for the second offence, he should have learned his lesson.
“And you came back with a .45 this time! Now, Sir, luckily for you, the law does not look at the lethality of calibres, but a .45 is no joke…. It is like you did not learn…. When you were asked if you had anything to say, you were sorry. But sorry three times over? No, Sir!” Justice Birch said.
Reading the facts of the case, Prosecutor Principal State Counsel Oliver Thomas said that on December 12, 2020, the police executed a warrant at Browne’s home and found him lying on his bed with the firearm next to him.
In the sentencing submissions, Thomas highlighted Browne’s previous firearms convictions as the main aggravating factor while mitigating factors included his early guilty plea. While firearm offences usually have a starting point of eight to 10 years, the prosecutor said that in this circumstance, where Browne had been convicted of similar offences, the law allows for an increase in that starting sentence. He asked the court to begin at 12 years for the firearm and 11 for the ammunition, with the length of time on remand deducted.
Agreeing with the starting point, Justice Birch deducted one-third for the guilty plea, one year for the delay in the matter getting to trial, and the 891 days Browne already spent on remand, and sentenced him to 1664 days in prison.
“Use this time wisely, Sir, because should you come out and contravene firearms laws again, you may find yourself being a very old man when you come back,” the judge said.
Browne was represented in the matter by Senior Counsel Angella Mitchell-Gittens.
