Newly proposed changes to Cayman Islands Firearms Law will give judges some discretion in sentencing people convicted of firearms offences.
It will also remove a loophole that defence attorneys have said allows Crown prosecutors to essentially decide the length of those offender’s sentences.
The Firearms Law was amended in 2005 to institute a mandatory minimum sentence of 10 years for someone convicted of an offence involving the use of a lethal barrelled weapon from which any shot, bullet or other missile can be discharged.
The new law would leave that 10 year minimum sentence in place. However, it gives judges a potential out if they believe the offender does not deserve a ten year sentence.
According to the proposed amendment: ‘The court…shall impose a sentence of imprisonment for a term of at least 10 years, unless the relevant court is of the opinion that there are exceptional circumstances relating to the offence or the offender which justify it’s not doing so.’
The amended law would also require the court to state what exceptional circumstances led to the decision to impose a lesser sentence.
Two other changes in the law have been proposed.
The first would eliminate the retroactive application of the mandatory minimum 10 year firearms sentence. If passed, the amended law would not apply to those charged with offences that occurred before 15 November, 2005.
The next change deals with what defence attorneys had argued was subjective sentencing based on which court heard the defendant’s case.
This issue came to light in the recent sentencing of 27-year-old Maricelle Manahan of West Bay (see Caymanian Compass, 13 August).
During Manahan’s sentencing Justice Alex Henderson said the defendant should have received less jail time, but since the case was tried in Grand Court the 10 year sentence was his only option.
Defence attorney Nicholas Dixey told the court that was unfair, since the Crown had not agreed to Manahan being tried in Summary Court where he would have only been subjected to a maximum four year sentence.
The amended Firearms Law would eliminate that sentencing disparity by stating the minimum 10 year sentence for a firearms conviction would apply in Grand Court or a court of summary jurisdiction.
The topic of mandatory minimum sentences for firearms offenders was first raised as a potential civil rights issue in a December 2006 report by the Cayman Islands Human Rights Committee.
Attorneys reviewing the Firearms Law (2005 Revision) said the law did not take into account specifics of the offence committed, or even the age of the defendant.
The committee suggested that mandatory minimums be removed altogether, but advocated for an exceptional circumstances clause if government decided to keep them in place.
The amended Firearms (Amendment) Bill, 2007 still requires a vote of the Legislative Assembly before it can be enacted.
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