Kent Thomas Mitchell to pay $39,800 for false declaration and ammunition importation

The court has slapped 39-year-old Kent Thomas Mitchell of Bellevue Chopin with two separate fines after he pleaded guilty to importation of ammunition and false declaration to Customs.

FACTS

On February 7, 2022, Mitchell went to the Woodbridge Bay port in Fond Cole to clear a “box” in his name coming from St. Thomas. Upon inspection, the Customs officer on duty became suspicious when lifting an “ice tea box” which was heavy, and on inspection realized that the seal was tampered with.

Mitchell along with the box was brought to an enclosed office whereupon further examination of the ice tea box a small clear plastic bag was found in it was ammunition. As the search continued a fruit punch powder box was found with the seal also tampered and in it another clear plastic bag with ammunition was also found.

Each bag continued 75 live rounds of 9mm ammunition. Questioned about the findings Mitchell replied, “Officer I don’t know anything about that.” Nothing else illegal was found. The police were called and he was arrested.

A search warrant was also obtained and executed at his home but nothing illegal was found. In a statement to the police, Mitchell stated that he will claim the ammunition since the box is in his name.

MITIGATION

In his mitigating plea before Magistrate Michael Laudat, attorney at law Joshua Francis from the Chambers of Joshua Francis told the court that Mitchell is “self-employed and owner of a popular bar in the community.”
“He is also a farmer, provides essential services to the community and environs, is a family man who resides with his mother who is bedridden because of a stroke and heavily depends on him,” Francis said.

His client he told the court was “not a trouble maker, was a kind, easy-going and generous community man.”

“He has fully cooperated with the police and Customs, is genuinely remorseful, has seen and learned from his errors and not wasted the court’s time, we are asking the court not to impose a custodial sentence on him, but rather impose a reasonable fine,” Francis said.

SENTENCE

Before handing down his sentence, Magistrate Laudat stated that “illegal guns and ammunition are not permitted in the society and the court must send a clear message that it frowns on such behaviour.”

“The court must place on record the impact that the use of illegal firearms is having on our community and can’t place a blind eye to that,” he said.

The maximum penalty for the false declaration to Customs is $100,000.00 or three times the value of the items. Customs did not have a value on the ammunitions.

“I will give you fifty percent discount to I will start at fifty thousand dollars and I must give you a discount of one third because of your guilty plea which is $16,700.00, so you are fined $33,300.00 for the false declaration,” Magistrate Laudat stated.

PAYMENT

$3,300 to be paid by May 31, 2022, in default six months jail

$10,000 to be paid by November 30, 2022, in default 1-year jail

$10,000 to be paid by May 31, 2023, in default 1-year jail

$10,000 to be paid by November 30, 2023, in default 1-year jail

All sentences to run concurrently.

Importation of ammunition carries a penalty of $15,000- or 3-years jail

In following the sentencing guidelines, the court was obligated to give a 45% deduction and a further one-third for his guilty plea this resulted in a balance of $5,500.00.

Magistrate Laudat fined him $5,500.00 for importation with $2,500.00 to be paid forthwith in default 1 year in jail. The balance of $3,000.00 is to be paid by January 31, 2023, in default 18 months jail. Sentences are to run consecutively. The ammunition was forfeited to the State.