Nassau, BAHAMAS- A sick grandmother who tried to hide her grandson’s gun during a police raid has been released from prison after the Court of Appeal reduced her sentence.
Freda Hart, 81, was originally sentenced to 12 months in prison for possession of an unlicensed firearm and ammunition. Her grandson, James Hart, was jailed for 30 months for the same crime.
In a majority decision, the Court of Appeal ruled that Ms Hart’s sentence would be reduced to six months and 12 days—the time she had already spent in custody.
In delivering the decision of the Court, Sir Michael Barnett said that the panel was entitled to consider Hart’s medical condition.
She has high blood pressure, high cholesterol, an enlarged heart and early signs of dementia.
This information was not before the magistrate when he passed sentence.
If the magistrate had this information, Sir Michael said he might have imposed a different sentence on Hart, who had no previous convictions.
Sir Michael said the time Hart had spent in custody was sufficient punishment for her “serious mistake.”
He said, “She should spend no further time in prison, and she should be released immediately to spend time with her children and grandchildren.”
In a dissenting judgment, Justice of Appeal Jon Isaacs said the decision to release Hart could encourage criminals to use their older relatives as a shield since the court would give them a “pat on the hand.”
Justice Isaacs said, “It is significant that she knew where to find the weapon, as that suggests previous knowledge of its presence in the closet. Further, instead of immediately owning up to her transgression, she entered a not guilty plea and had the prosecution run an entire case.”
After her conviction, Hart claimed that she intended to give the gun to police.
According to the evidence, Hart put up a struggle when an officer tried to take the towel from her.
A loaded 9mm pistol, which was in the ready-to-fire position, fell to the ground.
Justice Isaacs said there was no evidence that the prison could not treat any of Hart’s ailments.
Consequently, he said the Court lacked jurisdiction to amend her sentence.
Copyright Bahamas Court News 2023.
