Asif Iqbal Padmore will have to fork out $31 000 in fines or spend almost five years behind bars for illegal firearm, ammunition and drug offences.
“These are serious offences that warrant substantial fines,” stressed Madam Justice Wanda Blair in the No. 4A Supreme Court on Thursday during sentencing.
Padmore, 44, of Henley Land, St John had previously pleaded guilty to having a 9 mm semi-automatic pistol without a valid licence and seven rounds of ammunition without a valid permit, on January 31, 2019.
Justice Blair informed him that he would have to pay $20 000 for the illegal firearm in six months or serve four years, eight months in prison; and either $7 000 in four months for the ammunition or spend four years, eight months behind bars. The sentences are to run concurrently.
He was fined $4 000 forthwith for having a trafficable quantity of cannabis — 1.6 kilogrammes — on the same date. Failure to pay would result in 18 months imprisonment. Padmore was convicted, reprimanded and discharged for the charge of possession of the illegal drug.
The now-convicted man was represented by King’s Counsel Andrew Pilgrim.
Agreeing with prosecutor Principal State Counsel Joyann Catwell’s submission that the concealment of the firearm and drugs were aggravating factors, along with the seriousness and prevalence of the offences, the judge said mitigating in Padmore’s favour was the fact that there was no evidence the firearm had been used to commit any crime.
His eight previous convictions and the fact he was determined to be at medium risk of reoffending were also considered, while he got credit for his early guilty plea, remorse and cooperation with police.
The judge gave a starting point of eight years for the firearm and ammunition charges and three years for the cannabis. This sentence was reduced as discounts were awarded for his early guilty plea, the delay in his case being adjudicated and the time he spent on remand.
“Although it has been said that the combination of drugs, firearms and ammunition is a deadly combination and usually warrants a custodial sentence, the court is of the view that a custodial sentence is not warranted given the small quantity of drugs involved – and your previous convictions were mainly for small quantities of drugs,” Justice Blair said.
“While the court has tempered justice with mercy, the court must send a strong message that laws of this country must be obeyed and convicted persons must be appropriately punished for their crimes. I have noted Mr. Pilgrim’s view that you smoke weed and the shift in our society relating to this practice. However, everyone still has to operate within the ambit of the law irrespective of his or her view. The fact that you were found with drugs and a firearm begs the question as to your real reason for having these items, and the court cannot overlook the fact that you have previous convictions for drug-related offences.”
The matter will be reviewed on February 28.
According to the facts, police arrived at Padmore’s residence on the mentioned date to execute a search warrant. A woman appeared at the side window, the officers identified themselves and asked her to open the door, but she closed the window and walked away. Police could hear a toilet being repeatedly flushed. The woman returned to the window while talking on a cell phone, but again ignored the lawmen’s orders to open the door.
An officer gained entry through one of the windows and unlocked the door for the others who searched the home.
A black drawstring bag was thrown through the bathroom window, landing close to police officers outside. When it was opened, a black firearm with a magazine was found.
Other officers found Padmore, who identified himself, in a bedroom on the bed. During the search, a small quantity of cannabis was found in that room and in the kitchen in two buckets and a shoebox.
When asked to give an account, Padmore told the officers: “That is marijuana I had growing in the gully.”
Questioned about the firearm and ammunition, Padmore claimed ownership and admitted to not having a licence or permit for them.
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