Woman carried pepper spray for protection

No conviction recorded, but $200 costs ordered

A woman who pleaded guilty to possession of pepper spray was ordered to pay $200 in court costs after Chief Magistrate Nova Hall said she would not record a conviction for the offence of carrying a prohibited weapon. 

Crown Counsel Nicole Petit said the pepper spray was discovered last October when police stopped the woman in her vehicle. 

Defence attorney Prathna Bodden said the defendant had no previous convictions and was of impeccable character. She worked late some nights and occasionally carried cash deposits. In light of the recent increase in crime, the woman carried the pepper 
spray for protection. 

Ms Bodden said her client had bought the spray in Grand Cayman, at a garage sale. She had a similar spray previously, but there was never an incident involving its use.  

“She now knows she can’t have it,” the attorney assured the court. 

She asked the magistrate to consider a conditional discharge. The woman is studying to be a certified public accountant; if she were convicted of a criminal offence, her career would be over, Ms Bodden said. 

The magistrate referred to section 41 of the Penal Code and discharged the woman, subject to the condition that she commit no further offence in the next 12 months. She ordered costs in the sum of $200 or 20 days in lieu of payment. 

The pepper spray was forfeited to the Crown and ordered to be destroyed. 

The defendant worked late some nights and occasionally carried cash deposits. 

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14 COMMENTS

  1. With an average of something like 3 armed robberies or attempted armed robberies per week, home invasions, kidnappings, disappearances without a trace…and a mountain of unsolved criminal cases…

    This is really what the RCIPS and legal prosecution have time and resources for ?

    Denying and criminalising innocent citizens for taking necessary measures to protect themselves while their government is denying them their rights to safety and protection of their persons and property ?

    Where is the law that was suggested some months ago that would make the possession of non-lethal tools for self-protection like pepper spray, legal to possess and carry ?

    Oh…sorry, I forgot, that was just some politician running off at the mouth and making promises to gain political points.

    There is something seriously sick and corrupt about the Cayman Islands that compares to nowhere else in the world.

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  2. Remember only the Police Thugs carry weapons in the Cayman Islands. That’s what happens when public is not aloud to protect themselves the Thugs know this!

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  3. It is rediculous that a person cannot carry pepper spray as a means of protection, how are they supposed to protect themselves from the many random criminal acts of mugging and break enters? It does put the favor of success in the criminals hands.

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  4. Did you hear that thugs gang members? I hope you all read that – regular citizens are NOT allowed any weapons, you can do whatever you like with us. We even get charged a fee for it. But you guys can carry guns, knives and whatever you like and the police won’t catch you cause their armed unit is most times too far away to get there in time. What has this place come to? There are laws in other countries that allow carrying pepperspray for several reasons. Working late, carrying home , wild dogs attacking randomly (several of my coworkers have been attacked, so not a laughing matter), those things would qualify… Thanks for making this public and encouraging the bad guys one more time…

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  5. Firery and others

    SPOT ON.

    In the UK pepper spray, MACE or whatever comes under Section 5 of the Firearms Act, the same as a fully-automatic weapon.

    In many states of the USA I can, even though I am just a visitor, legally carry it along with a number of other useful toys like high voltage stun guns.

    It is the same deal with things like gravity batons (the look on someone’s face when you flick one of those open is priceless), one-handed knives and even specialised things like kubatons. I can legally carry them outside the UK but not back home.

    Old saying – When guns are outlawed only outlaws will have guns. I lived in Southern Israel where there are plenty of firearams but very little crime. All you have to do is put a proper concealed carry programme into place (the one in Texas is very impressive) and let responsible, trained citizens carry firearms and crime rates drop at an impressive rate.

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  6. Fortunately, my two sons live in Texas. They do not have to carry pepper spray for protection. Instead, they both have a concealed weapon permit issued by the State, which allows them to carry a concealed .45 automatic pistol, anywhere they want to go. Ever since that new law authorizing concealed weapons was issued the crime rate has been reduced considerably. Not only are they authorized to carry such weapons, they are also authorized to use them under well defined appropriate circumstances. That may be the reason why I feel so much more secure in Texas than in Cayman. I would be happy to explain this system to our Excellent Governor which could reduce the crime rate here by at least 70 to 90% at a negligible cost to the Government. May God help you if you cannot even have some pepper spray to resist local criminals who are justifiably certain of meeting only token resistance from ordinary folks without adequate protection.

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  7. That is absolutely ridiculous! Maybe some of our law makers and government officials should read some of the comments left online – they could learn a thing or two… What Im more confused about though is where is the petition for this!? Everyone is up in arms about dolphins and mangroves (which they should be) but nothing on having the right to protect and defend ourselves?? Hopefully this case will turn out to be some form of catalyst in the Allow Pepper Spray movement….

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  8. I second most of all of the replies. Also, what the commissioner seems to need to understand is:
    Police hardly ever _prevent_ crime, especially robberies and other violent crimes. The police is there to usually either draw the white lines around your dead body, or take your statement in the hospital once you have been robber and assaulted. the _do not_ protect, or prevent. In the overwhelming percentage of times, Only the _individuals_ can stop an assault on themselves at the moment its occurring or about to occur. There is RARELY any time to call the police while a crime is in progress. All you can do is run, and hope, and powerlessly leave it to the choice of _the criminal_ to let you live or remain unharmed, if you cannot run. In short, the power and choice remains in the criminal’s hands whether you live or die, robber or otherwise.

    Until citizens have the ability or upper hand in protecting themselves and loved ones, this system will continue to give criminals the upper hand and advantages.

    This is clearly common knowledge to the criminals, simply look at the unfettered crimes going around.

    They don’t even fear the police, why should they ANY fear for its citizens?

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  9. Shame on this British colony for having such a repressive law, shame on the politicians for not having the courage to repeal the law, shame on the Attorney General for not recommending that this law be repealed, shame on the Governor for not supporting a Bill to repeal this stupid law, shame on the Commissioner of Police for supporting this British Colonial law, shame on the Chief Justice for not speaking out against this injustice… A person should not have to be arrested and put through the courts because they wish to have some means by which they can protect themselves against criminals who would unlawfully attack them. Shameful!

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  10. Doctor D

    A response to your post will still be responding to all the other posters on this topic.

    As simple as this matter might seem, it isn’t at all; this issue addresses the fundamental differences between the USA, a former British colony…

    And the foundation upon which the British nation and empire was established and is still run today.

    Under the 2nd Amendment of the US Constitution, all persons of legal standing in the USA has the right of self-protection and possession of firearms with which to do so…it goes without saying that anything less than lethal weapons are considered child’s-play in the USA but very useful for when a less-than-lethal threat needs to be neutralised without causing death or serious injury.

    Under British culture and laws, a citizen does not have the right of self-defense, although British authorities attempt to claim differently because the law says a citizen can use ‘reasonable force’ in the prevention of a crime; having to justify what ‘reasonable force’ is in circumstances of self-defense puts the onus on the defender to prove that they did not use ‘unreasonable force’ regardless of what type of attack they were being subjected to.

    And…this is the real sucker punch…the use of ANY TYPE OF WEAPON in self-defense in Britain is legally prohibited.

    Thus we have every single type of tool or weapon which could reasonably be used in self-defense on a list of prohibited ‘offensive weapons’in Britian and therefore, also, the Cayman Islands.

    It will take a major movement from Cayman’s citizens to change any of this for the Cayman Islands.

    These movements have happened in Britain, they’re not pretty and sometimes people do get hurt but…

    The British Government in Britain knows that the citizens don’t really care about laws that put their safety in danger; we do what we have to do and answer to the law after its been done.

    Its for the citizens of Cayman to take their own protection seriously and do whatever they need to do.

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  11. Extraordinary video: Cops mauled by crazed ‘pitbull-type’ dog…. then they shoot it

    To All the posters on this topic…

    If you wish to see exactly what the British Government expects of its police officers and law-abiding citizens, please visit the above-posted link.

    BE WARNED;THIS IS VERY GRAPHIC AND DISTURBING FOOTAGE.

    This happened just yesterday and nothing in print can convey the reality of what happened, you have to see the video footage to believe it.

    This is a perfect example of what the offensive weapons laws in Britain, along with a no-firearms policy for the regular police officers leads to.

    Also, a lack of reality-based combat training in the tools that they are allowed to have; the expandable baton and pepper spray.

    If the police officer is properly trained in the combative use of the tools, he deploys them and frees himself of the dog, regardless of injury to the dog.

    Instead, he is trained to worry about facing charges for injuring the dog, which is literally chewing his arm off…all he can do is scream in agony for help.

    This nightmare ended when the armed police unit finally arrived on the scene and shot the dog; by then 5 police officers had been bitten and mauled and not one of them could do one thing in their own defense.

    This what your Governor, Commissioner of Police, Premiere and whoever else who enforces these laws insist should happen; the alternative is that if you take the steps necessary to prevent this from happening, you go to jail…well. in the poor lady’s case, she was shown a little mercy.

    The mad dogs of this world, both beast and human, are not so mercifully inclined as this video footage clearly shows.

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  12. Can someone help me here? Am I to understand that if this woman was mugged and not having the prohibited weapon that could have saved her life by staving off her armed attacker, everything would be just fine. Another crime victim – injured, dead or alive.

    This woman worked late some nights and occasionally carried cash deposits and would be a prime target for prowling thugs. As I see it , it is always the law biding person who seems to be the criminal and the real criminal seems to get away with murder.

    Small wonder crime is what it is in Cayman today.

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