Following on a 3-day trial by Judge Alone Ray Kennedy Smith (Jr) of West Bay on the 15^th November  2013, was found guilty of Possession  of an Unlicensed  Firearm contrary to s.15 of the Firearms Law.

On the 31st July 2011 at West Bay Smith had in his possession a 9 mm Smith & Wesson model 5906 pistol. It was loaded with five (5) rounds of  9  mm  ammunition.             Smith did not have a Firearm User’s (Restricted) Licence and the firearm was found to be in an operable condition.

The pistol had been recovered by a USG police officer outside the Memory Lane Bar hidden behind an air-conditioning unit along with a mask and gloves implying the intention of a robbery. However, there was no evidence before the court that the gun had ever been fired or used in the commission of a crime.

Smith was 18 years old at the time of the incident and was said to have had no previous convictions apart from ganja and traffic offences. Smith had acknowledged he had begun using ganja at the age of 13. He also had a number of problems whilst attending the John Gray High School and his misbehavior had resulted in him not being allowed to attend his graduation.

His traffic offences were the subject of a Probation Order for one year. This was because he had used Licence Plate with Intent to Deceive, using Licence Coupon  with Intent to Deceive,  using a vehicle without a Certificate  of  Roadworthiness   and  Driving  without  insurance.

Smith’s friends were of questionable character as several have court matters pending or have been before the court. He also had a list of offences as a juvenile that apart from the ganja possession included Common Assault and Failing to Provide a Specimen of Urine.

Smith is the father of a 5 month old child.

Grand Court Justice Charles Quin in giving the minimum sentence to Smith said the Court “regrettably noted the Defendant’s risk of reoffending is rated as high” although he accepted he was a good father to his child.

He said, ‘The Court has taken the foregoing factors into account and is of the view that there are no factors which compel me to exceed the minimum sentence [10 years] to be imposed in this case.”

Time already spent by Smith in custody was deducted.