The Tribune

By PAVEL BAILEY

Tribune Staff Reporter

pbailey@tribunemedia.net

A MAN’s 28-month firearm prison term was upheld yesterday after the Court of Appeal found there was little chance of him successfully overturning the sentence. 

Justice Sir Michael Barnett heard Micheal McPhee’s appeal of his convictions for possession of an unlicensed firearm and possession of ammunition. 

McPhee was arrested on September 2, 2021, after police found a black Ruger pistol with the serial number erased in his silver coloured Nissan March on Hillside Street off Mackey Street.

Following a trial before Chief Magistrate Joyann Ferguson Pratt, where McPhee maintained his innocence, he was convicted and sentenced to 28 months in prison for the September 8, 2021 offence. 

After filing his appeal last October on the grounds that his 28-month sentence was too harsh, Sir Michael found that, given the circumstances, his sentence was fair. 

“The court must exercise caution when reviewing sentences imposed by lower courts, only intervening if they are manifestly harsh, excessive or erroneous in principle,” Sir Michael said.

“Recent cases indicate that the intended appellant’s sentence for firearm and ammunition possession falls within the acceptable range, with similar or more severe sentences being upheld. Consequently, the intended appellant’s appeal lacks prospects of success, and leave to appeal out of time is denied. The chief magistrate’s sentence is affirmed.”