While a firearm remains the weapon of choice for perpetrators of violent crimes, there appears to be a disparity in penalties for the offenses since the return of sentencing discretion to magistrates. Since the abolition of four-year mandatory minimum sentences for gun offenders, magistrates have imposed sentences well below four years in favor of fines or conditional discharges. Last month, the Court of Appeal overturned a magistrate's decision in a case involving Brian Botham, who pleaded guilty to possession of a firearm and possession of ammunition with intent to supply, on probation for two years.
The appellate court substituted sentences of three years on the gun possession charge and five years for possession of ammunition with intent to supply charge and ordered the sentences to run concurrently. Before giving Botham a conditional discharge, the chief magistrate addressed the gun problem in the country.
She said, "It is a matter within the public domain and I take judicial notice that there has been an unacceptable escalation of illegal firearms and ammunition in The Bahamas. The courts therefore cannot be seen to be fainthearted in sending a clear message that those who embark upon such a journey possessing these lethal instruments stand likely to be severely sanctioned by the court to include imprisonment of up to seven years."
The Court of Appeal said, "In light of the Chief Magistrate's own observation about the 'unacceptable escalation of illegal firearms and ammunition' and this Court's deterrent approach to firearms offences, we would be sending a confusing message to persons in the society were we to allow the Chief Magistrate's decision to remain."
The Court of Appeal this year upheld a 13-year sentence imposed by a Supreme Court judge on Lewis Alex Williams for possession of a firearm and possession of five rounds ammunition. Williams had no previous convictions and was an auto mechanic. The Court of Appeal did not find the sentence was unduly severe and served the objective of deterrence.
In September, a magistrate imposed a $6,000 fine on a man who pleaded guilty to possession of a 9mm pistol to avoid spending a year in prison. He was also ordered to complete 80 hours of community service. Unlike mandatory minimum sentences for drug possession with intent to supply, the Supreme Court did not declare mandatory minimum sentences for firearms offenses unconstitutional in the case of Galen Forbes.
Forbes' four-year sentence was also upheld on appeal with the appellate court finding the sentence was appropriate, given the prevalence of the use of firearms in violent crimes. While noting that there were no sentencing guidelines for magistrates, the court said "there have been sufficient cases reported in the Court of Appeal to guide magistrates in the sentencing phase of their trials."
The police force's hierarchy has recently called for stiffer penalties for gun offenses. In 2006 through 2009, gun use in murders ranged from 55 percent to 64 percent, according to officials. Since 2011, gun use in murders ranged between 72 and 82 percent. In 2014, 85 percent of murders involved guns.
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