The Court of Appeals ruled in five appeal cases filed by the Prosecutor’s Office against sentences by the Court of First Instance for violations of the Firearms Ordinance (see Tuesday paper). Higher penalties were demanded because those given were supposedly not in keeping with the Joint Court of the Dutch Caribbean’s guidelines.
Although first offenders are to be given 18 months in prison – six of which suspended – one had only gotten 360 days – 243 of which suspended – while a loaded gun had been found in a car. The solicitor general requested sentencing according to the guidelines and this was done by the three-judge panel.
In another case the demand was to increase a sentence of 14 months in prison – eight of which suspended – to 21months – six of which suspended – and again the Appeals Court obliged.
Twelve months behind bars – of which eight suspended – and 240 hours of community service was changed to 17 months – of which six suspended – for a third defendant. But because he had in the meantime performed his community service four months were deducted again.
A fourth man also found with drugs saw his sentence go from 10 months suspended and 150 hours of community service to 18 months in prison, 11 of which suspended. However, a three-month reduction was applied for completing his community service.
In the fifth case a sentence of six months suspended plus 240 hours of community service became 12 months suspended for threatening somebody with an airgun.
What these new rulings show is that the judicial sector intends to get serious about illegal possession of firearms because of the effect their proliferation has on the community. In a civilised society law enforcement officers and only properly licensed gun owners with good reason should in principle have weapons, the latter with clear requirements regarding what, where and how, as well as for some training and periodic practice in gun safety, maintenance and shooting.
St. Maarten remains a democratic constituent state based on the rule of law enforced by competent authorities appointed for such, not by people taking matters into their own hands. This is no Wild West.
