A man who got himself an illegal gun after he said two members of his family were murdered is now $14 000 poorer as he parted with that sum immediately when he appeared in the No. 4 Supreme Court yesterday.
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Philip Malachi Harris, of Bartlett’s Tenantry Road, Sargeants Village, Christ Church, was fined a total of $32 500 – $14 000 forthwith – for having a firearm and ten rounds of ammunition on January 12, 2023. He had pleaded guilty at an earlier Session of the Continuous Sittings.
He was represented by attorney Safiya Moore, while State Counsel Maya Kellman prosecuted.
Justice Laurie-Ann Smith-Bovell said she had listened to the submissions from both counsel and considered evidence in the case.
The judge told the self-confessed gunman the fact that Parliament had passed new legislation showed the State’s abhorrence of illegal firearms.
“Clearly, the intention on the part of the State was to stamp out this presence,” she said.
Justice Smith-Bovell said she had considered the gun was a dangerous calibre weapon; that it was loaded and in a public place, and that Harris had attempted to ditch it, by throwing it out of the car when he saw police approaching.
That act, she said, placed “the members of the public at serious risk of serious injury by possible accidental discharge of the firearm”.
‘No reason’
The judge added there appeared to be “no apparent reason for possessing the firearm. However, the now convicted man, when interviewed by the probation officer, did indicate the reason for having the firearm was for his protection, given that two of his family members had been murdered”.
She told Harris the court was of the view that the custodial threshold had been crossed and she had determined that 11 years was the appropriate starting point for the gun offence and eight for the ammunition.
She said she considered that Harris had no previous convictions and had expressed remorse for his actions.
Justice Smith-Bovell noted the sole mitigating feature was that the gun was recovered.
“This case was one where [Harris] was driving about with others, which clearly, on the facts of the case, raises the spectre of the possibility of further illegal activity.
“It is clear from the facts that police had information about some illegal activity that caused them to be looking for you,” she said.
The judge then deducted one-third for the guilty pleas but noted there would be no adjustment up or down as the mitigating and aggravating features of the offender balanced out each other.
She deducted the 1 070 days Harris spent on remand.
However, she noted that while the case had crossed the threshold for the imposition of a custodial sentence, she had determined that a fine would also meet the justice of the matter.
Justice Smith-Bovell then fined Harris $25 000 for the gun and ordered him to pay $10 000 of it immediately. The remainder is to be paid by October 30 this year, or he will spend five years, 268 days in jail.
She also fined Harris $7 500 for the ammunition, of which $4 000 was forthwith. The remaining $3 500 is due by October 30 or he will spend two years, 147 days in prison.
Tossed
The court had heard police went to Collymore Rock, St Michael, after receiving information. They saw a vehicle and signalled it to stop.
Harris was in the left back seat and police saw when he opened the door and tossed something pink outside.
They held him and retrieved the object, which turned out to be a gun with an extended magazine wrapped in a pink T-shirt.
When asked to account for it, he told them: “I find it the day before I get hold.” (HLE)
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