By LYNAIRE MUNNINGS
lmunnings@tribunemedia.net
AN American man who was convicted for possession of an unlicensed firearm and possession of ammunition had his one-year sentence quashed by the Court of Appeal and substituted for a three-day imprisonment.
Ronald Ralph Moorehead, Jr, was arrested on June 21 after being found with a .380 pistol and five live rounds of ammunition in his checked luggage as he attempted to depart the Leonard Thompson Airport in Marsh Harbour, Abaco.
Moorehead was authorised to possess the firearm as he is the holder of the firearm permit issued in the United States.
Upon his guilty plea, the accused was convicted and sentenced to one year imprisonment on each count, to run concurrently.
However, he spent three days in custody before he applied for and was granted bail pending an appeal citing extreme urgency due to his medical condition of type 1 diabetes.
“I have to constantly wear an insulin pod that I have to change every 36 hours.
“The pod contains 200 units of Hummalog fast acting insulin. My pancreas does not make any insulin at all. The pod that I presently have in place now expires on 24th June, 2022 at 5.18pm, which means that I will have to place another pod in at that time. If this isn’t done, then I will need to start administering insulin to myself with a needle. Once the pod is off, I cannot eat anything unless I inject myself with insulin,” Moorehead said in his affidavit.
In support of Moorehead’s medical condition, Acting Commissioner of The Bahamas Department of Correctional Services Doan Cleare swore an affidavit stating the facility lacked the resources and manpower to manage his condition.
Moorehead’s attorney, Christina Galanos appealed his sentence after arguing that the sentences passed were such that a magistrate viewing the circumstances reasonably could not have so decided.
She also noted that the sentences of 12 months’ imprisonment imposed by the magistrate were unduly severe.
Ms Galanos urged the court to allow the appeal and to impose fines on both counts, since, in her view, the court decision for imprisonment would be “tantamount” to a death sentence given her client’s serious medical condition and the inability of BDCS to properly manage and treat that condition.
In response, Justice Jon Issacs, Justice Crane-Scott, Justice Sir Brian Moree said this is an unusual case in that BDCS has informed the court that it does not have the resources or manpower to adequately treat and care for the accused given his particular requirements to manage his diabetic condition.
After deliberation, it was ruled that the appeal would be allowed and the sentences of 12 months imposed by the magistrate on both counts will be substituted to a sentence of three days’ imprisonment on each count.
“It is an extremely rare case where the institution which is responsible for the incarceration of convicted persons informs the court that it lacks the capacity to properly manage and attend to the medical requirements of a specific person if he is given a custodial sentence,” the judgement said.
The judgement explained the outcome in this case does not mean that offenders generally will be meted out with the same or similar punishment in the future.
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