DPP to appeal life sentence for man caught with illegal gun

The Office of the Director of Public Prosecutions (ODPP) has disclosed that it will be going to the Court of Appeal to have the life sentence imposed on a St Catherine man who was caught with an illegal gun set aside, as it exceeds the punishment stipulated by the Firearms Act.

Twenty-six-year-old Atlee Murray of a March Pen Road address was sentenced on October 26 and ordered to serve 15 years before being eligible to apply for parole. Additionally, he received a nine-year sentence for unauthorised possession of ammunition.

However, in a media release on Monday, Director of Public Prosecutions Paula Llewellyn said the maximum sentence which could have been imposed on Murray for possession of a prohibited weapon was 25 years' imprisonment, with him serving 10 years before being eligible for parole.

Meanwhile, the sentence imposed on him for unauthorised possession of ammunition fell below the minimum stated in law. The DPP said for that offence, Murray could only have been sentenced to life imprisonment with the possibility for parole after 15 years.

Llewellyn said the sentences are, therefore, null and she will be appealing them. 

"...In the interest of justice I will be filing an appeal in respect of the sentences imposed, where the Court of Appeal can review the entire handling of the case and deal with it as they deem appropriate. The ODPP would therefore be requesting that the Court of Appeal set aside the sentences as they would be a nullity."  the DPP said.

The police say on about 9:35 p.m. on December 24, police personnel were patrolling March Pen Road, Spanish Town, when they spotted a group of men near an area called Big Tree.

They say Murray made a sudden attempt to flee the scene upon noticing the police. During their pursuit, officers observed Murray removing a firearm from his waistband.

After apprehending him, the weapon was identified as a Taurus nine millimetre pistol. The police say a magazine containing 13 cartridges was also recovered.

Murray was arrested and taken to the Spanish Town Police Station where he was later charged and taken before the St Catherine Parish Court.

The matter was subsequently transferred to the Gun Court Division of the Supreme Court.

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