Park Hill man is first to be jailed for gun offence under new amendment

A Park Hill man, who told the court that he does not know what a gun amnesty is, has become the first person to be sentenced for illegal gun possession under the new amendment of the Firearms Act.

Brian Dabreo, 59, appeared at the Serious Offences Court on Wednesday June 19, 2024, where he pleaded guilty that on June 18, 2024, at Park Hill he had in his possession one .38 pistol, serial number unknown without a licence issued under the Firearms Act; and two live rounds of .38 ammunition without a licence issued under the Firearms Act.

The facts in this matter are that about 8:15 a.m on the date in question, the police received a report of illegal gun possession. As a result, they armed themselves and went to Dabreo’s home to request a search, to which Dabreo consented.

During the search, PC Baptiste found a firearm on a table in Dabreo’s living room.The officer cautioned Dabreo, to which Dabreo responded, “I find it down the road”.

PC Baptiste observed that the firearm had two rounds of ammunition, so he cautioned Dabreo, to which the accused replied, “Is find I find it by the road.” PC Baptiste pointed out the offences of illegal possession of firearm and ammunition to him.

Dabreo was later arrested and checks at the Firearm Registry in Kingstown where it was found that the defendant is not a holder of firearm and ammunition licence.

PC Baptiste then took the firearm to Sergeant Cain who is based at the Rapid Response Unit in Brighton. Sergeant Cain examined the firearm and ammunition, and found the weapon to be live and in good working condition.

Dabreo was cautioned and he gave a statement in writing. He stated that about three weeks ago, he found a dusty gun on the road. He picked up the gun, soaked it in diesel and other substances to clean it to see if it works.

Dabreo said that he did not pull the gun at anyone, and that when the police entered his home, they found the gun on the table. Dabreo was subsequently arrested and charged for the offences of possession of a firearm and ammunition.

When Senior Magistrate, Colin John asked Dabreo if he agrees with the facts, Dabreo responded that it is “Just so” the events occurred. John further asked Dabreo if he knew that the police had a town hall some weeks ago about gun amnesty.

Dabreo said that he did not attend. The Senior Magistrate then asked him if he knew what a gun amnesty is. Dabreo responded in the negative. John informed him that Parliament has taken up the issue when dealing with offences that are related to illegal possession of firearms.

He continued that on April 16, 2024, the penalties for committing such offences were changed from EC$20,000 to EC$25,000 maximum fine, and custodial sentences were increased from a maximum of seven years in prison to 10 years in prison

When sentencing, the Senior Magistrate considered that the firearm did not cause any injuries; it was not discharged; and it was not used to threaten anyone.

He also considered that Dabreo had no dealing in firearms, and that the firearm is not of a high calibre. Magistrate John said that based on the facts, Dabreo is not a member of any gang, nor does he engage in gang activity.

He said that the firearm was not associated with drugs, and that it contained two rounds of ammunition, which is less that than the 20 round threshold that is pointed out in the sentencing guidelines.

There was no intention to injure anyone, and the police did not find the gun in a public place. Therefore,the Senior Magistrate placed the offence in Category three, level B, with a starting point of 40% of the maximum sentence.

John considered Dabreo’s guilty plea and that he had no previous convictions. As a result, John sentenced Dabreo to five years in prison for the illegal possession of firearm, and 6 months in prison for the illegal possession of ammunition.

These sentences are to run concurrently. A confiscation order was made for the firearm and ammunition.