Crime
No Jail Time for Tourist Found with 44 rounds of Ammo
By Wilkie Arthur
Freelance Court Reporter
#TurksandCaicos, May 30, 2023 – David O’Connor has already paid his fine and returned to the United States after agreeing to a guilty plea in mid-May, in his case of unlawful possession of ammunition. It was an arrest not published by the Royal TCI Police but the matter concluded in the supreme court under Justice, Tanya Lobban-Jackson.
On Tuesday 16th May 2023, a visiting tourist David O’Connor was sentenced and fined between $5,000-$6,000 for illegally being in possession of 44 rounds of ammunition in the Turks and Caicos Islands; O’Connor was not the holder of a firearm and ammunition license which is a crime that carries a mandatory sentence.
The incident took place in late March 2023, at the Providenciales International Airport, as he passed through airport security checkpoint the discovery was made. The accused David O’Connor was arrested and charged.
At his court appearance, O’Connor pleaded guilty to the offense and his attorney Oliver Smith, King’s Counsel put forward legal submissions outlining to the Hon. Lady Justice Tanya Lobban-Jackson that this is a case of exceptional circumstances. 
These ‘exceptional circumstances’ allowed the court to depart from the now mandatory minimum of 12 years of imprisonment.
KC Smith presented a number of precedent setting cases from neighboring jurisdictions, citing their striking similarities; referenced were Bermuda, Jamaica, Bahamas and the Cayman Islands.
Like the Turks and Caicos Islands, possession of illegal firearms and ammunition carries with it very heavy, mandatory jail sentences. However, in the case of tourists traveling to or from the airport with firearm or ammunition the courts would normally depart from a custodial sentence and offer a fine instead of imprisonment. In some cases the authorities making the illegal discovery would sometimes, waive the charge altogether. This too has also happened in The Turks and Caicos Islands.
The outcome in the court case did elicit some community outrage. Residents were expressive on what they observed was a double standard in the justice system, giving locals mandatory jail time and a ‘slap on the wrist fine’ to a visitor.
Despite community concerns as it relates to disparities between local firearm offenders and foreign/tourist offenders who are licensed to carry, but in their own home country, there is a recognition by the Courts of the impact on the industry if a tourist were to be locked up for possession of guns or ammunition.
Consideration is therefore given to tourists who admit responsibility; that is they forget having their legal firearm and/or ammo on them at the time of travel.
It is argued that ‘it could be devastating and the TCI courts would appear as unfair in the eyes in the international public.’
#TurksandCaicos, May 13, 2024 – Detectives of the Serious Crime Unit of the Royal Turks and Caicos Islands Police Force have
charged a man who allegedly stole a vehicle.
The accused, DANVANTE BRISCO, 30, of Kew Town, Providenciales, was charged with:
- One Count: Robbery
- One Count: Taking Motor Vehicle Without Authority
- One Count: Using Offensive Weapon to cause fear
Mr. BRISCO appeared in court today (May 13 ) and was granted bail of $7500.00 with one surety.
The matter was adjourned to July 05 for a Sufficiency Hearing.
#TurksandCaicos, May 13, 2024 – A 20-year-old Dock Yard male appeared in court today (May 13th) charged with a series of firearm-related offences.
The accused, JAMES SIMON, was denied bail and remanded into custody pending a Sufficiency Hearing scheduled for July 05th, 2024.
Mr. SIMON faces the following charges:
- One Count: Robbery;
- One Count: Gang Membership
- One Count: Possession of a Firearm for the Benefit of a Gang
- One Count: Possession of Ammunition for the Benefit of a Gang.
The charges against Mr. Simon followed investigations by officers of the Royal Turks and Caicos Islands Police Force into a robbery at the parking lot of a Casino where three males robbed a victim.
Additionally, Mr. Simon is charged with the following offences, having been arrested on May 02nd, 2024, along South Dock Road.
- One Count: Possession of a Firearm
- One Count: Possession of Ammunition
- One Count: Unlawful Entry
Officers also charged a teenage minor who was in the company of Mr. Simon on May 02nd with One Count of UNLAWFUL ENTRY.
The accused, seventeen and from Kew Town, Providenciales, pleaded guilty and will be sentenced on May 20th.
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