Privy Council upholds minimum mandatory sentence for gun-related offence

 

Justice Minister Delroy Chuck is hailing a ruling by the UK-based Privy Council as a major victory in the local fight to combat gun violence and to impose tough prison sentences on people convicted of gun-related crimes.

 

The Judicial Committee of the Privy Council on Thursday rejected the appeal of a convicted teenager who had challenged the constitutionality of his 15-year mandatory minimum sentence for gun-related offences.

 

The Privy Council dismissed the appeal of Tafari Morrison who was sentenced by the local courts in 2013 for a robbery in which the victim was robbed of his cellphone and shot multiple times although he had handed over his phone to Morrison and his cronies.

 

Morrison was 16 years old at the time of the robbery and at age 17 was sentenced to more than 15 years in prison.

 

He had pleaded guilty to the offence of robbery, illegal possession of a firearm and wounding with intent.

 

The Supreme Court had imposed a mandatory minimum sentence of 15 years in prison on the teenager.

 

The Appeal Court upheld the sentence following an appeal by his attorneys who argued that the imposition of the 15-year minimum sentence for the firearm offence was prohibited by the Charter of Fundamental Rights and Freedoms and was therefore unlawful. The attorneys then took the matter to the Privy Council.

 

But their argument was rejected by the Law Lords who ruled that the minimum mandatory sentence was not unconstitutional, and did not infringe the Charter of Rights.

 

The Andrew Holness administration recently passed a new Firearms Act that imposes a mandatory minimum sentence of 15 years for gun-related offences.

 

But some legal experts have argued that the imposition of mandatory minimum sentences denies the judge the discretion to impose an appropriate sentence based on the facts of each case.

 

Still, Justice Minister Delroy Chuck has said Thursday's ruling by Privy Council is a vindication of the decision of the government to impose tougher sanctions for gun crimes. 

 

He noted that the Privy Council ruled that Morrison's sentence "was not inhumane or degrading with respect to a juvenile" as well as "acknowledged that the use of guns has damaged the Jamaican society and consequently should attract a sentence with a big deterrent element".  

 

Minister Chuck warned critics that tougher laws are also on the horizon for people convicted of murder.

 

The government has tabled two bills to increase the minimum mandatory sentence for murder.

 

Under the proposed amendment, people who plead guilty to murder will have to serve a minimum of 30 years before becoming eligible for parole.