12-Feb-16
START DATE
END DATE
15-Feb-16
Terry Lane Jasper v The Queen
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
Criminal Law
IAN RC KAWALEY CJ
Mr. Alan Richards (Department of Public Prosecutions)
Mr. Vaughan Caines (Marc Geoffrey Barristers & Attorneys Ltd.)
FACTS OF THE CASE:
Terry Lane Jasper, an American tourist, was convicted in the Magistrates? Court for possession of a prohibited weapon (a Colt .38 revolver) while departing Bermuda. His luggage was scanned at LF Wade International Airport, revealing a loaded firearm. He pleaded guilty and was sentenced to 10 days? imprisonment. On appeal, Jasper argued the sentence was excessive, citing Dubell v Barry Richards (2009), where a woman carrying an empty magazine received a conditional discharge.
SUMMARY:
(1) Was the 10-day sentence disproportionate? (2) Did the Magistrate properly consider mitigating factors? (3) Should the appellant have been allowed a non-custodial sentence?
OUTCOMES:
Appeal dismissed; 10-day custodial sentence upheld.
RULED IN FAVOUR OF:
The Queen (Respondent).
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Terry Lane Jasper v The Queen
Terry Lane Jasper, an American tourist, was convicted in the Magistrates? Court for possession of a prohibited weapon (a Colt .38 revolver) while departing Bermuda. His luggage was scanned at LF Wade International Airport, revealing a loaded firearm. He pleaded guilty and was sentenced to 10 days? imprisonment. On appeal, Jasper argued the sentence was excessive, citing Dubell v Barry Richards (2009), where a woman carrying an empty magazine received a conditional discharge.