EE man gets six months for gun used in attempted abduction
A man who claimed that a gun used in an attempted abduction and robbery back in August 2018 had belonged to him, was handed six months in prison when he appeared before the High Court earlier this month.
K’vawn Choucoutou, a resident of East End, was sentenced to six months imprisonment for possession of a firearm without a licence by Judge Richard Floyd.
The defendant previously admitted ownership of the weapon, claiming that he had taken it from someone who had robbed him.
Choucoutou faced as much as eight years in prison and up to a fine of not less than $80,000 for the offence.
But in a decision published yesterday, Judge Floyd said Choucoutou will serve 4.5 months of his six months sentence, given the time he has already spent on remand.
Among the considerations that weighed in the defendant’s favour was that the gun, while used in the commission of a crime, was done so without the defendant’s knowledge.
The defendant offered an early guilty plea in the matter and this was something then judge also took into consideration as a mitigating factor.
This early plea came after a Goodyear indication was given in the matter. This essentially means the defendant is entitled to ask the judge for an indication of the maximum sentence if they were to plead guilty at that stage in the proceedings.
Judge Floyd noted in his judgement that there can be no doubt that possession of an unlicensed or unregistered firearm is a serious offence. He added that the presence of guns in the community and in the hands of unlicenced individuals creates a potentially dangerous situation.
However, he ruled that a significant aspect of the case was that the defendant was not connected to the attempted robbery that occurred with his gun.
“Other people were responsible for that. They were apparently convicted and given appropriately long terms of imprisonment. This defendant must be sentenced on the facts of this case,” the judge said.
He continued: “He had a worn handgun concealed in a field for which he had no licence. It remained there for many months as evidenced by the dates in the indictment. At some point, the gun was taken by persons without his knowledge and used in the commission of a crime without his knowledge.”
Once the gun was recovered, it was traced back to the defendant and although he was under no obligation to do so, he candidly spoke to police and accepted responsibility for possession of the weapon.
“To sentence this defendant to a significant term of multiple years of imprisonment on those facts would be unjust and could not be supported, in the view of the court,” Judge Floyd said.
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6 months with 3 meals a day isn’t going to make anyone re-consider use of fire arms in the commission of a crime. Why even bother? Cheaper (tax wise) to just hand out a suspended sentence.
6 months with 3 meals a day isn’t going to make anyone re-consider use of fire arms in the commission of a crime. Why even bother? Cheaper (tax wise) to just hand out a suspended sentence.
I just cant believe what I am reading. A man who claimed that a gun used in an attempted abduction and robbery back in August 2018 had belonged to him, was handed six months in prison when he appeared before the High Court earlier this month, with this kind of sentence gun crimes will never stop, he should sentence to at least 10 years in jail, people we are in trouble.
This Juge need to go to prison dey getting pay off or what
He could’ve denied the gun was his..after all he wasn’t caught with it nor was his prints on it
Six Months?? We need to get tougher on gun possession, Automatic 10 years, plus time on charges. We need to get serious with this thing man..
6 WHAT??? Gotta love the court system in the BVI. When will these people get serious about guns in our society? SMH
there is a law that states a 5 year minimum sentence so why wasn’t it applied?
WHEN WE KEEP HIDING THE FACTS AND MAKING A BIG UPROAR WHEN IT GET EXPOSED AND WOULD RATHER CRUCIFY THE PERSON WHO SHOWED IT TO THE PUBLIC THAN THE PERPETRATORS OF THOSE BRUTAL KILLINGS / WE GOT TO PREPARE FOR THE WORSE ( LOOK AT THOSE HOLY YOUTHS WHO POSTED THEMSELVES ON FACEBOOK IN THEIR BLING BLING FROM INSIDE BALO ) AND ALL THESE CANARIES WERE SILENT LIKE LAMBS ?
6 months will certainly stop the Belonger offspring scooter riding, gold chain, drug dealing thugs from obtaining weapons and using them. BVI continues to be a lawless narco state. UK please take over and never let them rule again.
6 months for a GUN used in attempted abduction; yet man getting more for a PLANT.
BVI deffo ain’t a real place. I laugh.
why only now somebody who was arrested since 2018 just now getting sentenced a whole 3-4 years later… is this normal?
i alwasy saying if i have to go jail.. i rather go to jail in the BVI. love it.. is like you inside but still outside.. lol
This is ridiculous,if he got the gun from a arm robbery with him self,why didn’t he report it to the police?why did he kept the gun for his personal use? Is the judge right in he brains..or the prosecutor was paid?that is why local doesn’t want expats to live here! They want to do crime and getaway with it because everyone related,thank God for expats so they could get some nice children.
yes it is normal in the bvi
That’s why the criminals can freely walk around with their guns everywhere they go. And that’s why many are being gunned down and no justice can be served. In the BVI it does not matter how old you are….they will gun you down if you are 60yrs old,40yrs old or even 11yrs old and NOTHING is done to clamp down on the demons that carry out these heartless acts of violence.
I’m going to get myself a gun.
Magistrates give 5 years and the High Court gives 6 months. It’s best to let matters go to high court then. The magistrates are the judge, the jury and sometimes they even act for the defendants.
Where is this judge from??
The only plausible explanation for such a sentence is possibly because the system wronged this dude keeping him in custody for near 4 years without trial. The latter is ridiculous and is itself a great injustice. Horrible, horrible, horrible, inexcusable! I am certain that the CJ will agree that this guy’s record should be expunged and he be paid for this travesty of justice. Justice delayed is justice denied.
This Judge making joke now. You can emagine 6 months for such a crime, he’s not serious. That’s why gun crime will always be on the rise.
UNLICENSED GUNS SHOULD CARRY AN AUTOMATIC 3 YEAR SENTENCE.
I strongly believe they wronged him in this situation. The system know why they only give him 6, he wasn’t to be charged in the first place .
I think he claim it to help he friends
The judge is a white man , so what do you expect? It was best if this case was tried in magistrate court, he would’ve gotten 5-7 years. Imagine his case was committed to High Court for him to get a mere 6 months sentence..
Please read the story properly before speaking so untelligently. This man was brought before the Magistrate in 2018 and was sentenced to prison awaiting his trial. We are now in 2022 and he still has not gotten a trial. Do the math. This is four years later!!!! His lawyer asked for a Good Year Indication:
A defendant is entitled to ask the judge for an indication of the maximum sentence if they were to plead guilty at that stage in the proceedings. This is called a Goodyear indication.
He was afforded that Good Year because he pleaded guilty and also the other factor was that he has been sitting in four years without a trial. The law is the law irregardless of how some people view the situation(non legal eyes).
So read properly and do your research before writing foolishness. Blame the relevant authorities for not bringing the matter to trial at a reasonable time. There so many sitting up in Balo for years without a trial. This is not fair. Irregardless of their crime there is something called ‘Human Rights’
Something need to be done to these prisoners in this category to get a speedy trial or freed from the prison. Those that adon’t belong to the BVI should be released and deported at once. Meaning, straight from the prison to the airport.
This is a travesty of justice and the DPP’s office should be looking into this matter as a matter if urgency instead of wasting government’s money appealing matters that were tried twice and the defendants were found not guilty.
It is time to focus on those prisoners languishing in prison for years without the benefit of a trial. It is Not right!!
Governor, please look into this matter as a matter of URGENCY!!
@Arthur James you speak like an iintelligent man. These other bloggers are only speaking due to their passions and not from an intelligent mind.
given the time he has already spent on remand. It’s more than 6 months.
seriously? people read the facts….the man did not commit the attempted robbery and abduction & he has been in prison for 4 years !!
FROM THE ARTICLE
“He had a worn handgun concealed in a field for which he had no licence. It remained there for many months as evidenced by the dates in the indictment. At some point, the gun was taken by persons without his knowledge and used in the commission of a crime without his knowledge.”
Once the gun was recovered, it was traced back to the defendant and although he was under no obligation to do so, he candidly spoke to police and accepted responsibility for possession of the weapon. “
@Yup…The dam UK is a Narco state also. so who is zooming who?
Bias…white man fined $50,000.00 for same offense and walk. House negro gets six months. Awe yuh need to stop.