Cornwall Bar Association backs call for revision of Firearms Act

 

President of the Cornwall Bar Association, Michael Hemmings, has given support to the call for an amendment to the Firearms Act to allow judges' discretion to determine the punishment for minors found in possession of imitation firearms. 

 

Currently, the mandatory minimum sentence for this offence is 15 years. 

 

The issue was raised last month by attorney Kymberli Whittaker, who warned that the law in its present form does not adequately differentiate between real and imitation weapons in cases involving juveniles. 

 

Ms. Whittaker said this could jeopardise the future of offending minors. 

 

In an interview with Radio Jamaica News, Mr. Hemmings said he initially welcomed changes to the Firearms Act to respond to the serious nature of gun offences. But he admitted that there are aspects of the legislation that need revision as not all cases warrant the mandatory minimum sentence. 

 

"The aspect under the old legislation where the judge would have had the discretion to deal with sentencing as it relates to appropriate time based on the facts outlined in an individual case or a particular case, that removal of that power by the judge to do that is something that is now affecting us and the courts based on the new legislation. And if it is that that discretion is restored, then persons who are brought before the Gun Court, where their circumstances warrant a deviation from the minimum mandatory, then the judge would have the authority to do so," he argued.