THE MANDATORY minimum sentence for having a gun or even a bullet has been ruled unconstitutional by the Court of Appeal.
But those who are currently serving time under the Firearms (Amendment) Act and who might have been planning to appeal their sentences, have had their plans nipped in the bud. The ruling does not touch the actual sentences imposed under the Firearms (Amendment) Act passed by Parliament, in response to an upsurge in gun-related crimes.
The mandatory minimum seven-year jail term for first-time offenders and the mandatory minimum 15 years for a repeat offender have been controversial parts of legislation, with attorneys arguing against it in the criminal courts and challenging its constitutionality in the civil courts.
The Court of Appeal’s decision was in the case of Elvis Irvin Alexander, a former Barbados Youth Service recruit who, in 2007, was convicted of having a .22-calibre rifle outfitted with a sniper scope and two rounds of .22-calibre ammunition. The gun conviction was Alexander’s second and he was sentenced to ten years for the gun and three years for the bullets by, Justice Christopher Blackman. The gunman’s sentence was upheld.
