A British national has been told to expect a lengthy custodial sentence, part of which could be served in his country, after he confessed to having firearms, ammunition, cannabis and camouflage clothing a decade ago.
When 58-year-old Andrew David Key reappeared in the No. 3 Supreme Court on Tuesday, one week after the start of his trial, he was re-arraigned and pleaded guilty to having a shotgun, an air rifle, a .223 calibre rifle, and a .22 calibre rifle without a valid licence, and 3 093 rounds of ammunition without a valid permit, along with unlawfully cultivating cannabis, possession of 10.66 grammes of cannabis, and possession of camouflage clothing – four pairs of pants, eight jackets, one tee shirt and one hat – without authorisation, on July 24, 2013.
Justice Greaves directed the nine-member jury to return a formal verdict of guilty in light of the circumstances.
Senior Counsel Michael Lashley, who appeared for Key, along with attorneys Simon Clarke and Amoy Gilding-Bourne, requested a pre-sentence report before making an application for the convicted Brit to remain on bail pending sentencing.
“He is not a flight risk given the condition of his health, and his travel documents are with the court. He needs attention medically and otherwise, and that is happening now where he currently is,” Lashley stated.
Principal State Counsel Neville Watson disagreed and submitted that Dodds Prison has the necessary medical facilities to give Key the required care.
“I am asking that the now convicted man be remanded into custody, especially since we have to get a pre-sentence report. The immigration officers will be able to find him and get the information this court needs,” the prosecutor said.
Justice Greaves rejected the bail application and sided with the prosecution.
“A court ought not to put itself in a situation where the public perceives that there is justice of one kind for one kind of person and another for another kind. In all of the cases I am familiar with where there has been the possession of multiple firearms and substantial ammunition, those who pleaded guilty or were found guilty were remanded into custody. Even if this court is sympathetic to the circumstances in which this defendant found himself, I think this court will not be able to justify allowing this now convicted man bail at this time,” he said.
The judge ordered a pre-sentence report which is due for March 23, while written sentencing submissions are due from both the prosecution and defence by April 5. Key will be sentenced on April 19.
Noting that Key’s offences were of “a very serious nature, which must certainly attract a substantial custodial sentence,” Justice Greaves said the possibility of him serving his prison term in another jurisdiction would be explored.
“It is my understanding that you have considered whether the sentence or any part of it could be served overseas in the jurisdiction of the United Kingdom. That is a matter that the different state agencies are going to have to explore over the next several weeks or months,” he said.
“If there is a successful arrangement between the two states where part of your sentence can be spent here – that is a modern thing that some jurisdictions do now, and I think Barbados does it as well – this court has no objection to it. It means that you will spend some of your time here until the [deportation] – if it happens.”
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