British Virgin Islands

Tuesday, Jan 26, 2021

David N. Straker sentenced to 10 years for firearm offences

Virgin Gorda resident David N. Straker has been given a 10-year sentence after police uncovered two guns, one of which was prohibited in the Virgin Islands in his home.

Straker, who is a contractor, was sentenced on Monday, November 23, 2020, at the John’s Hole facility by Magistrate Ayanna O. Baptiste DaBreo.

He was given five years for keeping a firearm without a license and five years for having a prohibited firearm.

He, however, would only be required to spend two of the five years behind bars for the offence of keeping a firearm without a license. The remaining three years would be a suspended sentence for two years.

For the offence of having a prohibited firearm, he would be required to spend three of the five years at HMP, and two years would be suspended for two years.

Importantly, if he reoffends within that two-year timeframe he would have to spend the suspended sentence.

All his sentences are to run concurrently or at the same time, which means he would spend no more than three years in jail.

No Bail

In the meantime, defence attorney, Stephen R. Daniels made an unsuccessful application for bail pending an appeal of the matter for Straker.

Daniels said they have filed an appeal, and he wanted his client to be on bond until the matter concludes in the higher court.

Daniels said their appeal was based on the fact that his client was at the prison in Balsam Ghut during the search of his property when the guns were found.

He is questioning how his client could have control over his property while in jail.

'We are going to defend this case'- Attorney for Straker

The other matter he raised was what he said was a lack of authorities presented to the court during the trial by the Crown.

“We are going to defend this case!” Daniels stated.

Nonetheless, the Crown Counsel Kael London rebutted Daniels pitch, stating that the law states that the firearms would deem to belong to the defendant because it was on his property.

London also objected to bail because the matter was serious and he pointed out that the defendant had been granted bail previously.

The court agreed and as such denied Straker bail.

Magistrate DaBreo said she was also not satisfied that the case would be successful in the appeal.

“He will be taken into custody,” she stated.


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