Swift J
1 IN THE GRAND 2 CRIMINAL SIDE 3 4 5 6 7 8 9 10 11 12 13 14 15 Appearances: COURT OF THE CAYMAN ISLANDS E In THE QUEEN V. FABIAN OLIVER THOMPSON Ms. Nicole Petit for the Cra d. No.: 0092/2016 16 17 18 19 20 Before: 21 Heard: 22 No Case to Answ 23 Verdict Decision 24 Sentence Hearing 25 26 27 Ms. Prathna Bodden of San Defendant Hon. Mr. Justice Malcolm 4th – 8th May 2017 er Decision: 8th May 2017 8th May 2017 30th May 2017 HEADNOTE Johnson Law for the Swift (Actg.) 28 29 30 31 32 33 34 35 SENTENCE Judgment T on of an imitation case after trial. 20/7 Page 1 of 4
1 2 3 4 1. On the 5 with it 6 Revision 7 on the 8 This will SENTENCE JUDGMENT 9th May 2017, I convicted the Defendant of Possession of an intent to commit an offence contrary to s.18(6) of the Fire Act (the particulars of the Count are that he had with him on 30 January 2016 at 100, Kitty Lane, Bodden Town with in as 2 days before the expiry of a 12-month Probation Ord- n limitation Firearm rearms Law (2008 in limitation firearm teint to resist arrest. der imposed by the 9 Summary 10 2. The De- 11 for pre- 12 leaping 13 he too 14 because 15 his pos- 16 3. The De- 17 of pre- 18 seriously Court for possession of ganja. His are set out in the Verdict Judgment and I shall not repent ent purposes to say that the Defendant escaped being arrest- a fence with an item resembling a firearm in his right hand from his pocket to deter the Police from pursuing him. he feared arrest for having the item which had the appear- ssion. Ferriman has not handed in the weapon concerned so that I am solely what it was and it remains a risk to the public at lar- agegravating factor when sentence is determined on them. It is enough ed by the Police by which I am satisfied and fled the scene nce of a firearm in an drunk knowledge ie. That ranks as a 19 4. Further- 20 shot ar- 21 and ag- 22 SENTENCE Judgment, In- 0/31/2017 R v. Fabian Oliver Thompson. Coram: SwifJ. (Actg.). Date: 30.05.2017 Persons in fear of being tried of justification Page 2 of 4
1 5. The I 2 Proba 3 4 6. The D 5 false 6 7. In R 7 previous defendant is a man of 34 years of age with one previous con- viction order for 12 months. This offence puts him in breach of the law and can be said to have an effect on his evidence on oath. Ramoon1, the Chief Justice imposed a 3-year sentence on us convictions, saying that 3 years was the starting point for our convictions. Higher senten- cies where the imitation firearm, which was not recovered, 19 year old with previous similar convictions. Higher sen- tences upheld in similar offences in the UK (R v Omari2, R years since that sentence was considered in 2010, times had become the scourge of the Caribbean and, citing Lord Hatham3, emphasized that imitation firearms have the same importance as the real thing. In this case, the police offi- ce the Defendant has no previous convictions, he did not put years) was imposed was in the possession of weapons (5 to 7 years) by Duffy4, R v Avis5). n Welcome said that, I moved on and gun- Bingham’s comments capacity to frighten people effectively In the present case, had guilty and put the 19 Crow 20 1 [Indictment 24 of 3 [Indictment 57 of 2 3 [2004] 2 Cr.App. 4 [2005] 1 Cr.App.R 5 [1998] 1 Cr.App.R 6 [2005] UKHL 18 SENTENCE Judgment.] a and the Court to the expense of a trial.
[016 – Sentence imposed by Dobbs J Actg. (RS) 96 (S) 75 (S) 420 d. 0003/2016. R v. Fabian Oliver Thompson. Coram: Swift J. (Aeg). Date: 30.08. 2016 Page 3 of 4
1 Adopt 2 trial, the 3 6 months 4 reflect 5 imprise 6 8. The con- 7 crime is beginning the approach of the Chief Justice in Ramoan it seems to be starting point for sentence for a person with no criminal re- as imprisonment. Some might say that such a sentencing se- adequately the maximum sentence available for this offence ment. nce must mark offences such as this with the appropriate level of stamped out. Anyone minded to carry, let alone use, me that, following a second is 4 years and starting point fails to e which is 20 years lel or gravity. Gun- ceither a firearm or 8 an imit- 9 time 10 substan- 11 defence 12 Defend- 13 off-set 14 the So- 15 and the 16 9. I shall 17 sentence ciation firearm must expect as a matter of course to go to pri- The offence is aggravated for the reasons already ful- mally the sentence from its starting point. Despite va- l can find no mitigation in this case. The most that can did not go into the witness box and perjure himself. It t and counterbalanced by the complete absence of remorse- ial Inquiry Report (SIR) – and by the Defendant’s failure to seriousness of the offence. treat the probation breach as an aggravating factor and will be in respect of the breach. on for a substantial en which increases that efforts by the be said is that the lowerver that fact is as demonstrated in to recognize his guilt impose no separate 18 10. The se- 19 Dated this the 30th 20 21 Honourable Mr. J 22 Judge of the Grand SENTENCE Judgment, In- tence is 5 years and 6 months’ imprisonment. Day of May 2017 Justice Malcolm Swift (Actg.) 3 Court 0098/16 R v. Fabian Oliver Thompson. Coram: Swift J. (Actg.). Date: 30.05. 01 Page 4 of 4