The defendant, David Carrol O'Conner, an American tourist, pleaded guilty to possession of 44 rounds of .9mm caliber ammunition at the Providenciales International Airport on March 25, 2023, in violation of section 3(1) of the Firearms Ordinance. The minimum sentence for this offense is 12 years imprisonment.
Defendant's Statement
During the interview, the defendant stated that he did not check the bag as he does not use it for shooting range visits. He claimed it was an accident that the ammunition was in the bag and he did not see it until it was pulled out by security. He expressed that he had no intention of disrespecting the country's laws and has never had any trouble during his travels.
Defence Counsel's Arguments
The defendant's counsel argued for a departure from the mandatory minimum sentence, citing exceptional circumstances as per section 30 of the Ordinance. Counsel highlighted the defendant's good character, lack of criminal intent, and cooperation with authorities. Counsel also cited case laws where exceptional circumstances were considered for imposing lesser sentences.
Prosecution's Arguments
The prosecution argued that there were no exceptional circumstances in this case to warrant a departure from the mandatory minimum term of imprisonment prescribed by the Ordinance.
Sentencing
The court, taking a holistic approach, considered the defendant's lawful possession of ammunition in the United States, lack of criminal intent, absence of prior convictions under the Ordinance, and the public interest in preventing unlawful possession. The court found exceptional circumstances and imposed a fine of $5,670 to be paid forthwith or serve a term of 90 days' imprisonment in default of payment.