Fish gun sentence overturned by court of appeal

fishgunA 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.

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  1. jazz53
    November 17, 2013

    I Can understand that he may have been unstable by not taking the medication.The punishment should be for stealing,the question is what is the punishment for $400.00 and so on—

    • Rastafari
      November 18, 2013

      This is not a matter of $400.00, it’s a matter of STEALING! That dude is a voler.

      • Interpreter Found
        November 18, 2013

        Still though… are you really telling me that stealing a $400 fish gun is worth two years of your life? are you kidding me. I’m sure that guy could have been sweeping the streets for two weeks and paid off that fish gun. I completely disagree with the whole prison system, because even after he serves his term in jail, is he going to come out a better citizen? Hell no, he will just be a better thief after learning all the better ways to steal from the other inmates. We need to change the system in Dominica, get our criminals into camps where they learn skills like woodworking, gardening and cooking. They are “sentenced” to these camps where they are used as free labor to create goods for the government which can then be sold to benefit the economy.

  2. Lee Wang Teng
    November 17, 2013

    Find out whether he can swim.

  3. Anonymous
    November 17, 2013

    He should be rutting in jail, he is a menace to the small community. Go and check the amount of complaints that have been made against him. Looks like the law want some innocent person to get in trouble with the law for his sake. keeps breaking into people homes and stealing stuff all the time.

  4. D-Scientist
    November 17, 2013

    400 EC for a fish gun dat make wif tube rubber.. :mrgreen:

  5. Laboo
    November 15, 2013

    Two years for stealing a fishinggun (weapon) is not harsh. Fishing guns are as deadly as a gun. Next time take your medicine and break a Bank. A thief is a Liar

    • PM (para-medic)
      November 16, 2013

      And a liar is also a……

  6. November 15, 2013

    How come man accused for stealing fish gun is sentenced to 2 years………when people raping and killing are out on bail?

  7. Justice and Truth
    November 15, 2013

    These people have had previous convictions. They keep on committing crimes and will be out on the streets to commit further crimes. They have a thievery, weak attitude which they cannot control. Is there any possible way of rehabilitating them?
    The one who said that he did not take his medication which means he was not aware that he stole the fish gun, was he sleep-walking or temporary lost his memory? I wonder how true this is? Hope in the future he does not come up with such an excuse for stealing. Should he commit a similar crime, I wonder, what will he think of next to excuse his actions?

    • Justice and Truth
      November 17, 2013

      Some of you love to give people thumbs down for writing the truth. Some of us live truthful lives therefore we speak and write the truth. We do not hide behind a computer and give people thumbs down for speaking the truth and encouraging the truth.
      This truth, as you grow older, will assist you to live a happy and peaceful life and to generate it to others.
      When you give others thumbs down for the truth, you project that you are a lawless person and one of those who are involved in crimes of whatever nature. You have shown yourselves to be.
      This is one of the truths that will lead souls to Heaven. If you continue to give “the truth” thumbs down, how can you ever hope to live a godly, law-abiding life and enter God’s everlasting Kingdom? Do you not know that He knows who you are and is taking note of your actions and that you do not appreciate hearing and reading the truth? Woe to you!

  8. forreal
    November 15, 2013

    a homemade piece of wood,allu talking about fishgun,i think is something official,like a niece readymade fishing gun,give me break :)

    • John Paul
      November 16, 2013

      So what if it is homemade it works just as good as one from China .This type of manufacturing should be encouraged and Your statement shows that You have no appreciation for what is made in Dominica!

      • forreal
        November 18, 2013

        youb must be sick in your head,works just as good,go back to your cave,you could say i partlly invent that crap,this an ancient toy,you think you can play around certain big fish with that crap,man come of your ignorance,if you do not know what you talking about.

  9. good
    November 15, 2013

    go arthlyn! show them how its done girl! :wink:

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