Legislation criminalizes possession of protective body armor

Mon, Jan 16th 2012, 08:30 AM

In the face of an increase in gun crimes, Parliament has enacted more stringent firearms legislation.  The new law provides for mandatory minimum sentences of four years and now criminalizes the possession of protective body armor.
Under the amended Firearms Act, anyone who possesses, manufactures, sells, distributes, supplies or otherwise deals in body armor commits an offense and is liable to a term of imprisonment in the range of 10 to 15 years.
Some lawyers say the difference in penalties is inconsistent, since a firearm can inflict injury or death while a vest is for protection.
Just last week, police arrested and charged convicted drug dealer Ronald "Fly" Butterfield after they allegedly found him with two bulletproof vests.
Stanley "Hots" Wallace and Rashad Roker have also been caught and impacted by the amendments aimed to tackle a rising crime rate.
The offense of drug possession with intent to supply now has a minimum sentence of four years.
Andrew Davis, 35, was sentenced to four years for having six ounces of marijuana divided in two packages, which he reportedly planned to smoke with friends.  Since the enactment of the legislation, persons caught with hundreds of pounds of drugs have received the same sentence as Davis.
His lawyers have filed an appeal against the sentence on the grounds that it is unduly harsh.
The Free National Movement (FNM) government reintroduced mandatory minimum sentences as part of its anti-crime legislation.
Prior to the change in the law, persons convicted of trafficking narcotics faced a maximum sentence of five years and they were eligible for reductions in sentencing for good behavior.  Now, Parliament has fixed a sentencing range of four to seven years for the offense and removed the possibility of early release from prison.
The FNM made an about-turn on its position on mandatory sentencing.  In 2000, the government repealed mandatory minimums with the Abolition of Mandatory Minimum Sentences Act.
In December 2000, Ingraham said, "We resisted for a very long time the desire of some to change what we have done.  But we have now come to the irreversible decision that we made a mistake, a big mistake and we removed all mandatory minimum sentences."
In 1994, the FNM government imposed a mandatory two-year prison sentence for drugs and firearms offenses as part of a package of laws to address crime.

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