Jude Denejour v R (CR-AP 8 of 2021) [2022] TCACA 9 (25 July 2022)

Flynote

Criminal law

Case summary

Appeal dismissed and the sentence affirmed. The Firearms Ordinance provides that where a person is convicted of a firearm offence the court shall impose a mandatory minimum term unless there are exceptional circumstances relating to the offence or the offender. [8] The principal issue on this appeal was whether exceptional circumstances existed either in the offence or the offender himself. [10] Forbes v Regina CR-AP 6 of 2019 considered. The Court agreed with the learned Sentencing Judge’s findings that the appellant’s genuine fear for his safety and that of his family caused by previous incidents did not in fact make his particular circumstances ‘exceptional’. [13] to [14] Nancarrow [2019] 2 Cr App R (S) 4 considered. The second issue was whether the sentence imposed was manifestly excessive in all the circumstances. The Court was satisfied that based on information contained in the Record of Appeal, the Sentencing Judge was fully aware of all the extenuating circumstances with which the appellant was faced.  The Court quoted with approval the statement of Sir Elliot Mottley P in Jim Kelly Joseph v Regina [2019] TCACA 11 at [88] where he said in relation to possessing a firearm unlawfully; “Whatever sympathy this Court may have for the Appellant, the Court must be alert that such sympathy has no role in the decision of this court. The Legislature of the Turks and Caicos Islands by enacting this amendment to section 30 of the Firearms Ordinance, clearly intended that any person who possessed a firearm must be imprisoned for a mandatory minimum period of seven years unless exceptional circumstances exist.”. [18] and [19]. The Court found that while the sentence against the appellant may appear harsh, it is intended to act as a deterrent to other members of society regarding the possession of unauthorised firearms and/or ammunition. Accordingly, the Court saw no justification for interfering with the decision of the Sentencing Judge. [21].

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