Strong Penalties Must Be Maintained for Serious Firearm Offences – Minister Chuck

Minister of Justice and Constitutional Affairs, Hon. Delroy Chuck, says strong penalties must be maintained under the Firearms Act for serious offences particularly where guns are used in committing violent crimes.

“We can’t at this moment, we can’t change the law. It is clearly working,” the Minister said.

He was speaking during the Ministry’s Alternative Dispute Resolution Policy Development and Estate Planning Forum, held at Sandals Dunn’s River in St. Ann on Friday (Sept. 25).

The Minister said he recently met with representatives of the Jamaican Bar Association, noting their concerns surrounding aspects of the firearms legislation, which

carries a mandatory minimum sentence of 15 years for illegal firearm possession.

He said that while the Government is prepared to examine exceptional circumstances under the law, including those involving imitation firearms or where a weapon was not being used in the commission of an offence when it was discovered, the interests and trauma experienced by victims must remain an important consideration.

“What about those cases where a man is caught having fired, having robbed, having raped?” he asked, noting that the justice system must not only consider the circumstances of accused persons but also the impact of violent crimes on victims.

“As Minister of Justice, I have to balance the scale. I have to look at what the accused expects. I have to look at what the victims expect,” he said.

The Minister, who practised as a defence attorney, said his experience representing persons charged with serious crimes has also informed his perspective on the issue.

He argued that the trauma experienced by someone confronted with a firearm can remain long after the incident has ended.

Mr. Chuck further contended that light penalties imposed by the courts can affect the morale of police officers who undertake the work of apprehending armed offenders and bringing them before the justice system.

He maintained that law-enforcement personnel must have confidence that their efforts to remove illegal guns and apprehend offenders will be supported by an effective justice system.

While acknowledging differing views on whether reductions in murders can be directly attributed to the firearms legislation, the Minister contended that strong sanctions send an important message to persons contemplating firearm offences and provide encouragement to law-enforcement personnel involved in removing illegal guns from communities.