The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

COURT of Appeal judges yesterday dismissed a convicted man’s plea for mercy from the court to lessen his six-year consecutive sentence for possession of a firearm and ammunition.

Marvin Martin appeared before Justices Anita Allen, Christopher Blackman and Abdulai Conteh hoping the court would order his conviction for two separate gun offences in 2010 to run concurrently as opposed to serving three years for each case, bringing his total prison sentence to six years.

In June 2011, Martin was convicted for possession of a firearm and ammunition and sentenced to 3 1/2 years at Her Majesty’s Prison. Nine months later, he reappeared in Magistrates Court and pleaded guilty to the second offence and was sentenced to three years’ imprisonment.

However, his hope that the sentences would be made to run concurrently was dashed when the magistrate said he would serve them consecutively.

Yesterday, the Court of Appeal asked Martin why his appeal was filed late. The appellant complained that the prison handed him an appeal form after his deadline to appeal had expired.

The judges, after obtaining the history of the case from Martin, sought clarification on how he could be charged twice in 2010 for similar offences.

Martin said he had been on bail for some time awaiting trial for the first case when the new charges were brought against him for the second offence.

The admission that he had re-offended while on bail for the same offence resulted in the judges questioning why they should interfere with the decision by the sentencing magistrate.

“What’s wrong with that?” Justice Blackman asked Martin.

“They are two different cases for the offences, you agree?” Justice Allen asked.

“I just asking if the court would have some mercy on me,” Martin said.

“You know the havoc being wreaked on society by guns? You read the newspapers, right?” Justice Allen asked Martin.

“Yes, ma’am,” he answered.

“Everyday......there’s gun violence just about everyday,” Justice Allen reminded him.

Justice Allen then ruled that having considered the nature of the offences, “and the prevalence of the offence in the Bahamas”, the magistrate made an appropriate decision in ordering the two sentences to run consecutively.

They dismissed his appeal and affirmed the six-year sentence.

Martin was not represented by counsel at yesterday’s proceedings.

Darell Taylor and Uel Johnson appeared for the Crown.