CHARLESTOWN, Nevis – AN attorney representing a man charged with three offences under the firearm act 1967 has won a constitutional motion filed in the High Court in Charlestown, Nevis against a mandatory five-year term for the offence.

Dr. Henry Browne, representing Samuel ‘Santoy’ Barrett, contended that it was not competent for the Parliament of St. Christopher and Nevis to pass a law that anyone caught with a firearm and/or ammunition, if tried and found guilty, be sent to prison for a minimum of five years.

Dr. Browne argued that whereas it is for parliament to set sentencing policy, it is the duty of the court to evaluate and determine whether the law passed by the parliament contravenes the constitution.

The court, on Friday, agreed with the submission of Dr. Browne and ruled that the words mandating the minimum five years in prison should be struck down.

The matter was again referred to the magistrate court for disposal.

Barret’s claim was brought before the Attorney General of the Federation and the Commissioner of Police who were represented by crown counsel Gossaie of the Attorney General’s Office.

The judge, Justice Ianthea Leigertwood-Octave commended Dr. Browne on his research.