Westmoreland businessman convicted for illegal gun and ammunition possession denied bail

Thirty-six-year-old Westmoreland businessman Jason Barrett has been denied bail pending the outcome of his appeal against the mandatory minimum sentence of 15 years' imprisonment imposed on him last month for unauthorised possession of ammunition and firearm.

The police saw him in public on January 22, 2023 with a licensed firearm which belonged to a family member. Barrett's excuse was that he was going to a volatile community and he took the firearm for protection.

He pleaded guilty on May 17, 2023 in the Western Regional Gun Court in St James and was sentenced on March 4. Barrett appealed against the sentence and applied for bail.

Attorney-at-law Hugh Wildman, in applying for bail, submitted that prior to this conviction, Barrett was of good character with an excellent reputation and had no previous conviction for any criminal offence.

Wildman said the judge erred in finding that he did not have the authority to sentence Barrett to a non-custodial sentence.

He contended that the 2022 amendment to the Firearms Act for a minimum mandatory sentence of 15 years deprived judges of their sentencing power and was in breach of the Constitution. He said Barrett's case amounted to exceptional circumstances which warranted a grant of bail pending appeal.

Senior Deputy Director of Public Prosecutions Jeremy Taylor opposed the application and submitted that the Act only allows for a non-custodial sentence if the matter is before the parish court.

He said in a case of a conviction before the circuit court, the only penalty was life imprisonment. Taylor emphasised that Barrett did not demonstrate that his case possesses exceptional circumstances to warrant a grant of bail pending appeal.

President of the Court of Appeal Justice Patrick Brooks, in refusing the application on April 5, said on Barrett's account, he did a very foolish thing. Justice Brooks concluded that although Barrett was not disqualified from being granted bail pending appeal, “he has not demonstrated that exceptional circumstances exist to warrant a grant of bail.”

Barrett is appealing on the grounds that the 2022 amendment to the Firearms (Prohibition Restriction and Regulation) Act for a mandatory minimum sentence is unconstitutional.

- Barbara Gayle

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