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FINE, NO TIME

First-time offender avoids prison for gun and bullet

by Barbados Today
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Chrishawn Devon Orlando Callender was ordered to pay $12 000 in fines for the loaded gun he told police he found in an abandoned house in his neighbourhood.

Earlier this year, the 23-year-old resident of 1st Avenue Rockley, Christ Church confessed to having a .32 revolver without a valid licence and one round of .32 ammunition without a valid permit on February 11, 2022.

The court was told that on that day, police on mobile patrol were conducting traffic checks and stopped a hired vehicle with three occupants. They searched the vehicle and found the gun in a space between the rear right passenger seat where Callender had been sitting and the metal chassis.

When questioned about it, he told the police, “I found it, but it really ain’t mine. I found it at an abandoned house out by me. I see wunna stop we and I get frighten and tek it out my pocket and put it under there.”

In handing down the sentence in the No. 5 Supreme Court on Thursday, Madam Justice Pamela Beckles outlined the aggravating factors, including the nature and severity of the offence, that the firearm was real, loaded and unlicensed, the prevalence of such offences in society and the fact that it was in a public place.

The judge gave a starting sentence of eight years.

She said Callender’s early admission of guilt, clean criminal record, expression of remorse, favourable pre-sentence report and lack of aggravating factors led to a two-year deduction from the starting point.

Discounts were also given for the 787 days he spent on remand.

“Having thoroughly reviewed the circumstances of the case, including the outline of the facts, your clean record, favourable pre-sentence report and sentencing submissions from both the prosecution and the defence, I have determined that in keeping with sentences imposed in these cases for comparable offences and with an aim for uniformity and consistency in sentencing, that justice can be served by substituting the remainder of your imprisonment with a substantial fine,” Justice Beckles said.

She ordered him to pay $12 000 for the firearm, $5 000 of which was due immediately. The outstanding balance is due in six months.

Failure to pay would result in Callender spending the remaining 673 days at Dodds Prison.

With respect to the ammunition, the convicted man was given time served and warned not to come back to court.

“The first offence is seven to 15 years. If you come back with a second possession of a firearm, it is 15 to 25 years. Bear that in mind. Do you understand?” Justice Beckles asked.

Callender replied, “Yes, Ma’am.”

The matter is set for review on October 11.

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