Appeal court cuts 3 years from gunman’s jail time
(CNS): A gunman who had pleaded guilty to possession of an unlicensed firearm last year had his sentenced reduced by the appeal court Friday. Robert Lewis Terry was arrested in the basement of the Caribbean Club on Seven Mile Beach last year after staff called the police as they believed he and other men were acting suspiciously. He was successful in his appeal to bring down his twelve year sentence to nine years. In a case partly heard behind closed doors, Lucy Organ of Samson McGrath argued that her client had not been given enough credit for mitigating circumstances, including his guilty plea, a lack of evidence of the gun being used and that Terry had no previous convictions for violence.
When Terry was arrested police found equipment, including a mask and gloves, that was likely to be used in a robbery in the back of the car which they said Terry was using.
However, Organ said there was never any evidence that Terry, who was not driving the car, was aware of the content of the boot or that he was involved in any conspiracy to commit a robbery. She said the crown had accepted that Terry only came into possession of the gun when he arrived at the car park under the Caribbean Club, and when the police turned up the men he was with had fled, leaving him in possession of the 9mm Glock pistol.
The defence attorney argued that the judge was not entitled to find that the defendant was in possession of a weapon in order to commit an armed robbery as there was no DNA evidence linking him to the mask or gloves in the car’s boot.
The appeal court judges agreed that the judge had failed to consider the mitigating circumstances when he handed down the 12 year sentence to the 26-year-old man in December last year and cut the prison term to nine years.
Even though Terry was in the carpark with several other men at the time of the incident, he was the only person charged as he was seen by the police to drop a bag into the bushes, which later turned out to contain the firearm and ammunition.
Category: Crime
Swell.
With the constant rise in crime the appellant court made a very poor decision.
Geeze – how many people out there hang out with someone who carries a 9mm Glock Pistol on their person. The police witnessed him dropping a bag in the bushes.
The only way this person should have received a reduced sentence if if he turned in some of his co-conspirators from that evening.
HE WAS GUILTY – as was charged.
Wow, thought there was a mandatory sentence of 10 years! In my opinion the aggravating citcumstances and serious problem of gun violence in our community should never ahve allowed for this sentence to be changed.
Agreed! Not to mention he is one of those names listed on the Florida court papers in connection with the alleged "Cayman – Florida gun-smuggling ring"….why lighten his sentence? So he can come out and do it again sooner!?