Heavy fines are losing their power to deter gun crime, a High Court judge warned on Monday, as she sentenced a first-time firearm offender to prison – just days after another judge said the option of paying a fine for gun possession would soon end.
Ordering Antonio Corbin to serve an additional 686 days behind bars for having an unlicensed .40 Smith and Wesson semi-automatic pistol on October 4, 2021, Justice Donna Babb-Agard said: “The imposition of fines in recent years has not achieved its desired deterrent effect. For some offenders, such penalties are treated as a mere inconvenience and what may be described as ‘the cost of doing business’ after which life continues unchanged until the next court appearance.”
“The judiciary, therefore, must send a firm and unmistakable message to the public. The unlawful possession of firearms and ammunition will not, as a case of course, be met with a financial penalty even for first-time offenders, depending on the particular circumstances of each case. Those who choose to arm themselves illegally and place such weapons inside their homes place entire communities at risk and must expect serious consequences.”
Her comments in the No. 4A Supreme Court on Monday, came less than a week after Justice Christopher Birch warned that first-time gun offenders may soon lose the option of fines and instead face prison terms as the courts harden their approach to firearms crime.
“Whole-heartedly” supporting her fellow justice’s comments, Justice Babb-Agard said: “The court cannot ignore the grave nature which such weapons present to the public nor the continued proliferation of firearms in our country. This court must send a clear and unequivocal message that possession of firearms without lawful authority will attract stern consequences. Too often these weapons are used to devastating effect, resulting in the loss of life, serious injury and fear in our communities.”
Corbin, of Husbands Road, The Garden, St James, was also ordered to pay $6 000 immediately for having six rounds of ammunition, failing which he would spend 321 days at Dodds Prison. The sentences are to run concurrently.
The court heard that police executed a warrant at his house and discovered a loaded silver and black firearm under the mattress. When questioned, Corbin said: “I ain’t know bout no gun.”
Justice Babb-Agard noted that the firearm and ammunition were readily accessible, their concealment showed that the convicted man knew it was against the law, that possession of illegal weapons is a scourge on this society, his age of 45 at the time of the offence meant he knew the difference between right and wrong, and his initial lack of cooperation with police despite the weapon being found in his room, under his mattress.
The judge said: “Where the firearm and ammunition were found firmly indicates exclusive control, inference of knowledge and possession by you. This is the compelling evidence this court considers and, therefore, undoubtedly the reason you have eventually pleaded guilty… Your guilty plea is noted and carries some value and entitles you to a discount, but this court must temper that with your earlier denials, which indicate that your acceptance initially of responsibility was not immediate.”
Noting that he had convictions spanning between 1997 and 2018, one of which was for theft and five for drug-related offences, the judge said: “Although this is your first conviction for a firearm offence, your [prior record] established a pattern of unlawful conduct and disrespect for the laws of this island.”
Acknowledging that he had been deemed to have a low to medium risk of reoffending, the judge stressed, however, the seriousness of firearm offences.
“This was not an innocuous item. A semi-automatic pistol loaded with six rounds of ammunition is a lethal weapon designed to discharge multiple rounds in rapid succession. The presence of the ammunition in the firearm underscores its readiness for use. Weapons pose a significant threat to public safety even where they are not actively used.”
Sentencing him to serve four years for the firearm, less the 774 days he spent on remand, she informed him that he was left with less than two years remaining to be served.
“This court has determined that this is a lenient sentence given the circumstances of your particular case. You must understand that your continued disregard of the law will inevitably lead you back to the courtroom,” Justice Babb-Agard said, advising Corbin to see the sentence as a warning to change his life.
Principal State Counsel Olivia Davis prosecuted the case, while defence counsel Harry Husbands represented Corbin.
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