In its first decision for the term, the Court of Appeal has ruled that Dario Flatts has less time to serve for having an illegal firearm and ammunition after the full period he spent in pre-trial custody was deducted from his sentence.
Last March, the Field Place Avenue, Bayville, St Michael resident admitted, in the High Court, to having a firearm without a valid licence and six rounds of ammunition without a valid permit on October 8, 2019.
He was given a starting sentence of eight years for the first offence and six years for the second. After several deductions reduced his sentences, the trial judge ordered him to serve 1 388 days for the firearm offence and 780 days for the ammunition. The sentences were to run concurrently.
Flatts appealed against the sentence on the grounds that it was excessive, arguing that his time spent on remand had not been taken into account.
The State, which Principal State Counsel Rudolph Burnett represented, submitted that the sentence was not excessive but agreed that the remand period of March 29 to September 19, 2022, was overlooked by the judge and should be deducted.
Reading the decision on Wednesday, Justice of Appeal Jacqueline Cornelius noted that the maximum sentence for such offences is 15 years, and Flatts should consider himself “fortunate to have benefited from some leniency from the trial judge”.
She noted that after considering the Penal Reform Act, the trial judge found a custodial sentence was warranted for the offence, and had made several deductions after looking at the mitigating and aggravating factors. However, Justice Cornelius said the judge should have reduced the sentence on both counts by 855 days for the time Flatts had spent on remand. Only 315 days were taken into account by the trial judge in determining the sentence.
“You should have been sentenced to 848 days or two years, 118 days instead of 1 388 days or three years, 293 days,” the appellate judge said concerning the firearm offence.
Noting the time he had already served, she informed him that he had one year and 73 days left to spend behind bars for the firearm offence.
Regarding the ammunition offence, the appellate board, which consisted of Chief Justice Leslie Haynes and Justices Victoria Charles Clarke and Cornelius, ruled that Flatts should have been sentenced to 221 days instead of 780 days.
“With regard to this sentence, the court notes that you have already exhausted that sentence and therefore that is no longer an issue. With respect to your appeal, it is allowed on the grounds that the sentence was excessive in the sense that your full term of remand was not properly deducted, and as of today’s date, you have a further one year and 73 days still to serve,” Justice Cornelius told Flatts.
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