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Stiffer penalties to be handed out to gangsters

Wayne Perinchief,Minister of National Security.

Gang members who commit crimes will have up to five years added to their sentences under new legislation tabled in Parliament yesterday.In addition, those who help gangsters commit an offence can be found guilty of that same offence themselves, and face the same tougher sentences.The Criminal Code Amendment Bill 2012 was tabled by National Security Minister Wayne Perinchief who told the House of Assembly the aim was to “reverse the destructive influence of the gang lifestyle in this community”.The bill will introduce longer sentences where crimes are proved to be committed as part of unlawful gang activity.“These additional sentencing powers will provide the courts with the ability to properly reflect the public sentiment surrounding the negative effects of such crimes on this community,” said the Minister.“No level of the criminal enterprise is spared as the bill deliberately captures those who, in some cases quite literally ‘call the shots’. The message is clear: strong enforcement, swift justice, stiff penalties.”According to the new bill, those convicted of a crime involving “unlawful gang activity” can get an extra three to five years on top of their sentence if their basic sentence is seven years or more.Those who get a basic sentence of less than seven years can get an extra one to three years on top of that.In addition, if the basic sentence includes a fine, an extra $1,000 to $10,000 can be added on top of it.Those who help gangsters are also included in the legislation. It states that “any person who knowingly instructs, directly or indirectly, a person who participates in or actively contributes to unlawful gang activity to commit an offence is guilty of an offence of the same kind”.They are then liable to the same punishment, including the longer sentences and increased fines.The bill states that an “unlawful gang” is composed of three or more persons. It is also responsible for facilitating or committing offences resulting in a “material benefit, including a financial benefit” for the gang or its members.Meanwhile “unlawful gang activity” means a crime committed by a gang or a person assisting a gang.In determining whether a person is a gangster or involved in gang activity, the courts can consider issues such as gang signs and symbols used, whether the person associates with gangsters and whether they benefit from gang activity.Mr Perinchief pledged that the legislation will be matched with efforts to prevent gang behaviour and help those involved in it.He listed gang mediation as one of those efforts, explaining: “We cannot consign a generation of this country’s citizens to the criminal justice system and its natural conclusion of incarceration.“Where there is even a glimmer of desire to make lifestyle change we must harness it and encourage that change.”To that end, he announced that a team from Boston’s Street Safe programme will arrive in Bermuda this weekend to conduct intensive gang mediation training.“Close to 30 men and women will spend four days receiving best practice instructions from a team whose track record is enviable and who come well equipped to provide the platform for our local success,” he said.Responding to the announcement, Junior Minister for National Security Jonathan Smith said: “Our plan has very deliberately had three main components: new legislation, targeted enforcement on the part of the Police and community mobilisation.“We have been seeing consistent and positive trending with gang related deaths and injuries and firearms incidents declining.“I’m particularly gratified at the now widespread acceptance that a community which is mobilised can reduce gang incidents.“This three-pronged approach is working. Communities and neighbourhoods are now energised and the partnership seeds long since planted are producing results.”The new bill will be debated by Parliamentarians at a later date.