By Alric Lindsay
David William Hamilton, a visitor to the Cayman Islands, appeared before the Summary Court today, December 30, 2024, to answer a charge for the possession of an unlicensed firearm, specifically one .22 calibre round of ammunition discovered within his luggage, as he was departing from Owen Roberts International Airport. Hamilton was subsequently fined $5,000, and a conviction was not recorded against him.
Background
Setting out the background, Crown Counsel Angelique McLoughlin explained that on December 26, 2024, Hamilton was scheduled to leave the Cayman Islands on a West Jet Airlines flight to Canada.
During standard departure screening checks at the Owen Roberts International Airport, security officers suspected that Hamilton’s backpack contained ammunition after observing the bag passing through the conveyor belt.
After one .22 calibre round of ammunition was recovered, Hamilton was arrested by Customs & Border Control officers, cautioned and taken to the detention centre.
Hamilton admitted to the offence, explaining that he found the ammunition on a hike in Canada, put it in his bag and forgot it there. He apologised for the offence.
Sentencing
In support of Hamilton, defence attorney Jonathon Hughes emphasized that Hamilton is merely 25 years of age and has recently secured employment as a fisheries biologist approximately 200 kilometres from the Arctic Circle. His professional role as a biologist focuses on conservation efforts within the area.
Hughes elucidated that Hamilton was traversing a trail when he encountered the ammunition. He retrieved the ammunition with the intention of discussing it with his colleagues upon his return to the base. Nevertheless, Hamilton inadvertently neglected this item, and it remained in his bag, undetected upon his arrival in the Cayman Islands on December 16, 2024.
In light of the circumstances, Hughes urged the Summary Court to refrain from recording a conviction against Hamilton. This recommendation was motivated not only by his youth as a man commencing his journey in life but also due to the significant jeopardy his eligibility to obtain a firearm licence in the remote region of Canada, where he aspired to work, would encounter should a conviction be recorded.
Upon considering the statements from both the defence and crown counsels, the Chief Magistrate apprised Hamilton that offences of this nature typically result in immediate incarceration.
However, the Chief Magistrate noted that given the positive character references provided to the Summary Court for Hamilton, his age, low risk and culpability, justice cannot be served by recording a conviction against him.
In the circumstances, the Chief Magistrate ordered that no conviction be recorded, but Hamilton must pay $5,000 or serve 50 weeks in prison in default. The ammunition was ordered to be forfeited and destroyed.
