The Court of Appeal on Monday affirmed the three-year sentence handed to a man who had 38 live rounds of 7.62 ammunition hidden in his home.
Armed with a search warrant, police went to Thaddeus Cambridge’s home in Adelaide Village in February 2020.
While searching inside a wooden speaker box inside the front, northern bedroom, the officers found a plastic bag containing the ammunition.
As a result, police arrested and charged Cambridge for possession of ammunition with intent to supply.
He pleaded guilty when he made his initial appearance before Chief Magistrate Joyann Ferguson-Pratt.
Cambridge appealed the sentence on the grounds that it was unduly severe. However, the appeal was filed five months and three weeks beyond the seven-day appeal deadline.
As a result, Cambridge sought leave of the court to appeal out of time.
Cambridge’s lawyer Ryszard Humes argued that the magistrate took extraneous matters into consideration when she observed that “there is an assault weapon lurking somewhere”.
But the Court of Appeal panel of Justices of Appeal Sir Michael Barnett, Milton Evans and Carolita Bethell said the magistrate’s remark was a “perfectly legitimate observation”.
The court said, “We would not regard the magistrate’s comment as being otherwise than an acknowledgement that the intended appellant was in possession of ammunition for an assault weapon for the purpose of supplying the same to someone who had an assault weapon.
“This is a perfectly legitimate observation, and it does not mean that the magistrate was punishing him for possession of an assault weapon. The magistrate did not take into account something which she ought not to have taken into account.”
Consequently, the court refused the application for an extension of time and affirmed the sentence imposed by the chief magistrate.
Stephanie Pintard prosecuted.