A defence lawyer and a prosecutor have made very different sentencing requests for a 23-year-old man who admitted to having an illegal gun and ammunition, with one urging leniency and the other pushing for a tough penalty to send a strong message.
Stephen Javon Freeman, 23, had earlier pleaded guilty in the No. 4 Supreme Court to having a .40 Smith & Wesson semi-automatic pistol and 10 rounds of ammunition on November 13, 2022.
His attorney, Simon Clarke, proposed a fine of $15 000, with $10 000 payable immediately for the firearm offence. He added that the 952 days his client had spent on remand should be considered as time served for the ammunition possession. Clarke also suggested a custodial sentence starting at eight years as an alternative, with deductions applied.
Clarke acknowledged that the weapon and ammunition were concealed, Freeman was unlicensed, and the rounds were live. But he pointed out there was no violence involved and the items were recovered by police. He also cited Freeman’s young age, remorse, and cooperation with lawmen as mitigating factors.
“When I went through his probation report, it is situation where he was facing challenges as a young man growing up in the urban and in the rural,” Clarke said, adding that while Freeman was viewed as being at high risk for reoffending, this could be lessened if he reduced his interactions with his friends and associates in the urban community.
However, State Counsel Paul Prescod argued that if a fine is to be imposed, it should be much higher than what the defence attorney had proposed.
He proposed $25 000 for the firearm, payable within six to nine months, and $10 000 for the ammunition, due immediately.
Prescod pointed to aggravating factors including the fact that the loaded firearm was found in a public place, Freeman ran from police, and the overall prevalence of firearm offences.
“We have to send a message to persons with firearms. It has to stop,” Prescod added.
Addressing the court briefly, Freeman stated, “I am sorry for mistakes I have made—to the Commissioner of Police, you and the Barbadian society.”
Madam Justice Laurie-Ann Smith-Bovell adjourned the matter until September 26 for sentencing.
