A man who was jailed for two years for stealing a fish gun had the sentence overturned when it was brought before the Caribbean Court of Justice.
Frederick Marie broke into a smile as a result but freedom eluded him since he was also serving eight months for another offence.
Marie was given a two-year for stealing a “fish gun” valued at EC$400.
He told that court that he had admitted to stealing the gun but was sick and “had not taken his medication” at the time the offence was committed.
“I had not taken my medication …is after I was arrested I was told of the crime by the police,” he said.
Justice Mitchell was not happy that Marie was sent to jail for two years for just a fish gun.
“Two years for a fishing gun, I am not seeing the justice in that,” he said. “We agree with you that your sentence was harsh even given your many previous convictions …. your appeal is upheld and you will be varied for time spent and you will be released today.”
The office of the DPP accepted that the sentence was “harsh given the value of the fishing gun” and so conceded on the appeal.
But Marie was sent right back to jail since he was serving eight months for another offence.
Meanwhile Ian Matthew Shillingford, who had received a four-year jail sentence for theft, had his appeal dismissed.
Shillingford had appealed his sentence on the basis that it was not fair.
He had stolen computer items valued at over $9,000 in 2011 and the police was not able to recover over $7,000 worth of the items.
In his appeal Shillingford told the court he had fully cooperated with the police and in the circumstances the sentence was harsh. The maximum sentence for theft is seven years behind bars.
Arthlyn Nesty, from the office of the DPP, told the court, “the sentence was fair and just and the court had to protect the citizenry from such attacks.”
After listening to the matter the judges stated, “we find no basis to disturb the sentence of the learned magistrate and so your appeal has been dismissed.”
Another man, Brian Francis who has over 15 previous convictions, also had his appeal for theft dismissed.
He was given 30 months of a possible seven-year jail sentence.