The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

A CRIMINAL tried to get his sentence reduced saying he could then go to a prison work programme.

But judges dismissed the appeal and said the man could still join the work programme anyway.

Tavarro Ferguson, 35, was sentenced under old laws governing firearm and ammunition possession and appeared in the Court of Appeal yesterday in a bid to overturn his sentence.

Ferguson had originally appealed conviction and sentencing after being convicted last November for the offences. Newly amended laws make the crimes liable to a minimum of four years in prison.

However, his attorney, Krysta Mason-Smith, told Justices Anita Allen, Christopher Blackman, and Abdulai Conteh, that her client was abandoning the conviction appeal and sought to be given a shorter sentence with the already stipulated hard labour.

Justice Blackman did not agree that the two-year sentence for the man was inappropriate.

"I can only see you arguing against the labour aspect but you can't be serious about the sentencing," he said.

Ms Mason-Smith argued that the judges should consider the circumstances surrounding the case when looking at the sentencing which she felt should be given on a 'case by case' basis.

Justice Blackman said: "But there's no right to carry arms."

Appellate court president, Justice Allen agreed and asked the attorney: "Given the prevalence of this offence, do you seriously think this is harsh?"

Ms Mason-Smith said her client sought to have a reduced sentence, to 18 months, which would allow him to qualify to take part in the prison's work scheme programme.

"He was advised by prison officials that had he been sentenced to 18 months, he would've been allowed to participate."

Justice Blackman said the sentence didn't have to be tweaked to accommodate that.

Franklyn Williams, deputy director of public prosecutions and respondent for the crown in the appeal, told the judges that to his knowledge, "conviction, conduct and progress" were taken into consideration for the work programme.

Mason-Smith told the court that the sentence was the only issue, nothing relating to his conduct or progress, prevented him from being part of the initiative.

The judges said they would make a recommendation to prison officials for Ferguson, a married father of five, to be allowed into the programme.

Justice Anita Allen told him: "I hope that your application is considered so that when you get out of prison, you can make a positive contribution to society."

The judges dismissed the appeal on sentencing.