By Alric Lindsay
Rudolph Anthony Brown appeared in Grand Court today, November 4, 2024, where he was sentenced to 9 months in prison, suspended for two years for carrying a restricted weapon at Kelly’s bar. Justice Richards noted that while a prison term was unavoidable, she decided to accept the recommendation of the probation officer to suspend Brown’s sentence.
Background
62-year-old Brown, who also faced a charge of common assault but was acquitted by a jury of that charge, was said to have been carrying a box cutter with him on the night of July 30, 2023, at Kelly’s bar. He carried it because he did not like it when the bartender opened his drinks and put the tissue on the top of the bottle. He was to use the box cutter to open his own drinks.
Reportedly, after Brown had been drinking, there was a scuffle in the bar, at which time he produced the box cutter.
Although the box cutter was stated to be small, the Court highlighted that the law makes no distinction between a small knife and a big knife. The fact that it was a small one and not intended to be carried to cause harm is not a defense.
The Court’s decision
In the circumstances, the Court said that the offence had a starting point of 15 months custody and a sentence range of 9 to 24 months custody.
However, the Court took into account the fact that Brown is hardworking, well respected in the community, has no previous convictions, and is of good character.
The starting point of 15 months was, therefore, reduced by 6 months to 9 months in prison.
Ultimately, the Court agreed with the probation officer’s recommendation to suspend this sentence for two years.
In suspending the sentence, Justice Richards emphasized that if Brown commits any offense within that two years, he will be brought back before the court and may be required to serve the time.
Note to readers
For members of the public unfamiliar with the crime of carrying a restricted weapon at night, this is outlined under section 81 of the Penal Code. This states:
Restriction on carrying restricted weapons by night
81. (1) Subject to subsection (2), a person who without any lawful excuse (the proof of which excuse shall be on such person) has or carries any restricted weapon, not being a prohibited weapon, by night — (a) in a cinema, theatre or other place of public assembly; (b) in a club, restaurant, recreation hall or bar; (c) in a place of public entertainment of any kind or a place of general resort, admission to which is obtained by payment or to which the public have access; (d) in or upon the car park, parking lot or precincts of a place referred to in paragraph (a), (b) or (c); or (e) in or on a vehicle that is in or upon the car park, parking lot or precincts of a place referred to in paragraph (a), (b) or (c), commits an offence and is liable to a fine of five thousand dollars and to imprisonment for four years.
(2) If the restricted weapon is a machete or knife, no person shall be deemed to have committed an offence against this section if the person shall prove that that person had or was carrying such machete or knife for some lawful purpose for which such machete or knife was necessary.
