By Alric Lindsay
Joshua Kayan Pars, a 33-year-old Caymanian, appeared in the Summary Court today, December 11, 2024, to face a charge of possession of a firearm with intent to commit an offence, possession of ganja and several traffic offences. Magistrate Gunn sentenced him to 7 years imprisonment for firearm possession, 90 days for drug possession (only 60 days of this 90 days runs consecutively with the firearm sentence) and 90 days for traffic offences.
Background
Setting out the background to the firearm incident, it was explained in the Summary Court that Pars went to the Cotton Club bar and consumed a few drinks. He was “slightly intoxicated”, according to the Summary Court.
Pars carried a handgun with him to the bar, which was reportedly given to him by an associate for protection.
Reportedly, while Pars was in the parking lot, someone hit him in the head, causing him to bleed. After being assaulted, Pars chased the person down in the parking lot. The incident was caught on CCTV.
Sentencing
Explaining the consequences under the Firearms Act, Magistrate Gunn noted that on a guilty plea, Pars would be subject to a minimum of 7 years. This could be further reduced if the court is of the opinion that there are “exceptional circumstances” relating to the offence or the offender.
After finding no “exceptional circumstances” in this case, Magistrate Gunn said that she could not impose less than the mandatory minimum sentence. Accordingly, she set the starting sentence at 8 ½ years for firearm possession. This was reduced to 7 years due to the three-year delay in the case and the offence hanging over his head for such a long time.
Additionally, Pars was sentenced to 60 days for drug possession and 30 days for the traffic offences, each of which will run consecutively with the firearm sentence.
Lastly, Pars was disqualified from driving for two years after his prison release.
Pars has the right to appeal within 7 days.
Notes to readers:
It is noted that Pars was also charged with having an imitation firearm, which he pleaded guilty to. That plea was vacated and the charge was withdrawn by DPP counsel.
The 3-year case delay mentioned by the magistrate was reportedly due to difficulties in securing court dates and adjournments, as well as time spent making an abuse of process application to stop the proceedings.
