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Man gets ten years for gun offence

Heading to prison: Darrion Simons is led from Supreme Court yesterday after receiving a ten-year sentence for handling a loaded firearm (Photo by Glenn Tucker)

A Pembroke man caught with a loaded firearm was yesterday jailed for ten years.Darrion Simons, 20, pleaded guilty in Supreme Court to handling a Smith & Wesson pistol and five .38 calibre rounds of ammunition on November 5, 2011.Prosecutor Carrington Mahoney said armed police were travelling along North Shore near the former Clay House Inn around 2.30pm, when their attention was drawn to an unattended car parked near the western side of the building, facing south.As they approached, the officers saw Simons standing near the rear of the car.They then watched as he placed an object near the vehicle’s rear wheel, climbed on a waiting bike, and rode away in a westerly direction.The officers arrested Simons a short distance away.They returned to the car and inspected the area around its rear left wheel. On top of the tyre, they discovered a revolver loaded with five rounds, wrapped in a black sock.A firearms expert identified the weapon as a functioning Smith & Wesson revolver that had been painted black. Four of the rounds in the weapon were hollow-point rounds, while the fifth was a flat top round with a full metal jacket.In an early appearance before the court, Simons pleaded guilty to the offences, but later reversed his plea. His trial was set to begin yesterday but he instead reversed his plea again, admitting the offences.Mr Mahoney told the court that the Crown was seeking a sentence of between 12 and 14 years; defence lawyer Shade Subair said a sentence of seven to nine years would be more appropriate.She noted that Simons pleaded guilty at the earliest opportunity, but reversed his plea because he was concerned by his possible sentence.Ms Subair also noted her client’s lack of previous convictions and aspirations to better himself.“This is a defendant who had some, even if a glimpse, of potential, and certainly that potential remains, notwithstanding that he is facing an immediate custodial sentence,” she said.Simons told the court: “I would like to apologise to the courtroom for wasting the court’s time, and my family who I love.”Puisne Judge Carlisle Greaves said that Parliament had enacted laws requiring a minimum sentence of 12 years for the type of offence Simons had committed.“There are good reasons for that,” Mr Justice Greaves said. “Those reasons have to do with the local circumstances in this jurisdiction. The scourge of firearms in the hands of those associated with the gangs in this Country has become a major problem for this very small jurisdiction.”The judge said that while Simons does deserve some credit for his guilty plea, the fact that it came on the eve of his trial meant the reduction on his sentence should be minimal — no more than five percent.But he also noted there was no evidence before the court to suggest how or if Simons intended to use the firearm or that it had been used, and that the defendant had no previous convictions.Given all the circumstances, Mr Justice Greaves ruled that the appropriate sentence was under the 12-year minimum, but above the range suggested by the defence.He sentenced Simons to ten years’ imprisonment for both charges, ordering that the sentences run concurrently and that Simons serve at least half of his sentence before being eligible for parole.