$31 000 gun fines ‘a clear message’

So, declared Justice Donna Babb-Agard, as she ordered Shakkell Anthwon Dyall to pay a total of $31 000 in fines for an illegal gun and ammunition.

“This court must make it unmistakably clear that the unlawful possession of firearms will be met with severe consequences. Firearms pose a significant threat to public safety even when they’re not actively in use,” the judge said in the No. 4A Supreme Court.

“Such weapons are, far too often, used with devastating results, leading to loss of life, serious injury and widespread fear within our communities,” she added.

Justice Babb-Agard pointed out that the maximum penalties under the Firearms Act for both offences were stiff and reflected Parliament’s intention that anyone who committed any of the offences should face a lengthy custodial sentence.

Tossed from car

Dyall, of Brathwaite’s Gap, Dayrells Road, Christ Church, had pleaded guilty to having a 9mm semi-automatic pistol and six rounds of ammunition on August 13, 2023.

He was represented by attorneys Rachelle Ward and Shadia Simpson, while Senior State Counsel Tito Holder and State Counsel Eleazar Williams prosecuted.

The court told Dyall that he had been found in possession of a 9 mm semi-automatic weapon which he had tossed from the car in which he was travelling.

“Our present environment is ripe with the prevalence of guns in the hands of citizens who refuse to make the choice to be law-abiding citizens by failing to obtain licences and permits from the Commissioner of Police to use, have or carry firearms or rounds of ammunition,” the judge said.

“There is a culture in this country that has to be seriously addressed by the criminal courts. For this reason this court has considered a much higher fine than the amounts contemplated by the prosecution,” she noted.

The judge said she had considered Dyall’s age at the time of the offence; his initial lack of cooperation with police, as well as his subsequent guilty pleas.

Justice Babb-Agard said she had also considered that Dyall had taken responsibility for the firearm and ammunition, thus sparing the female driver “because it’s very easy to blame someone else”.

The judge continued she had also considered the time Dyall had spent on remand and that he had no prior convictions.

“The fact that the firearm was tossed from the car means exclusive control by you and the inference of knowledge and possession. You were caught red-handed in the presence of police officers who pursued that vehicle in which you were a passenger.

“Although you are a first-time offender, these offences are very serious. This was not a harmless item. A semi-automatic pistol of this caliber is a lethal weapon designed to fire multiple rounds in rapid succession and the presence of six rounds of ammunition highlights that it was ready for use,” the judge said.

Justice Babb-Agard said she had considered that nine years was the appropriate starting point for the firearm and four years was appropriate for the ammunition.

She then deducted one-third for the guilty pleas, as well as two years for mitigating features.

Financial penalty

She further deducted the 969 days Dyall had spent on remand.

The judge then told Dyall the court was satisfied that a substantial financial penalty would be appropriate “given that the mitigating factors substantially outweigh the aggravating factors”.

“This is your first firearm conviction. However the fine imposed by this court must be meaningful and not mainly merely nominal,” the judge said.

She then fined Dyall $25 000 for the firearm and ordered him to pay $10 000 of it immediately.

The remaining $15 000 must be paid in six months or Dyall will spend 491 days in prison.

The judge further ordered Dyall to pay $6 000 for having the ammunition with time served in default of nonpayment. (HLE)