Another young male was given a 10-year prison sentence for possession of an unlicensed firearm in Grand Court on Tuesday.
Justice Seymour Panton handed down the mandatory minimum sentence to Kylan Hunter, 22.
On 16 February, 18-year-old Joshua Alexander Brown was also given a 10-year mandatory prison sentence for possession of an unlicensed firearm.
Justice Panton expressed his personal opinion about the mandatory sentence, but said the court has to deal with the law as it is.
Hunter was found guilty on 1 February after trial by jury. The offence, involving a .38 Taurus handgun, occurred in June 2006.
Defence Attorney Ailsa Williamson referred to the mandatory minimum and said she hoped to persuade the court that the sentence should not be higher.
Ms Williamson said she was aware of cases going to the Court of Appeal because of the mandatory aspect of sentencing under the Firearms Law. See separate story.
Justice Panton said it seemed that, like many other Caribbean territories, there was developing here an unhealthy fascination with guns by young men.
‘I am not sure a mandatory minimum is the proper way to deal with the matter,’ he said.
Speaking frankly, the judge said he personally preferred the Firearms Law the way it was before it was changed in November 2005. Before then, there was still provision for a heavy fine and up to 20 years imprisonment. The 2005 amendment made 10 years the mandatory minimum sentence.
But, the judge said, he had to add that the legislature knows best. The legislators represent the people; they are elected to pass laws. The courts may only follow the law as it is passed by the legislature.
For him to say what he would have imposed had there been no minimum was speculation and he did not wish to indulge in speculation.
The court has to deal with the law as it is, he said, and in the circumstances of this case the sentence he imposed was 10 years. Time in custody will be taken into account.
The judge expressed the hope that young men in Cayman would realise that the legislature took gun crime seriously.
Young men who commit gun crimes must expect long periods of imprisonment as the law stands, he said. So those who wish to spend their youthful years in Northward Prison can continue to possess unlicensed guns and they will get their wish.
The Crown’s case against Hunter was that he had been seen on 26 June retrieving a gun from a West Bay yard, where it had been thrown from a passing car. On 29 June, Hunter handed in a gun to police, saying he had found it in the bushes while playing football.
Meanwhile, witnesses had found a magazine in the yard from which a gun had been retrieved. That magazine fit the gun Hunter turned in.
The Defence had challenged the identification of the person seen picking up the gun from the yard.
In mitigation, Ms Williamson listed criteria the court could consider in firearms cases.
These included the type of weapon involved, what use had been made of it, what intention the defendant had when he possessed the firearm and his previous criminal record.
In this case, she said, Hunter did not have any intention to commit an offence and he never brandished the gun in any way. The gun itself had been described as having rust in the barrel, indicating it had not been used for some time.
Hunter did have previous convictions, but they were relatively minor and did not involved firearms.
Ms Williamson said the lengthy sentence that had to be passed would be difficult for any young man and Hunter had a child a year old and would miss seeing that child grow up.
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