The Court of Appeal strengthened Dominica’s stance against illegal firearms by dismissing the challenge brought by 23-year-old Darrel Holder Samuel, keeping intact the two-year prison term imposed in 2022. The ruling signals that custodial penalties remain a suitable response where ammunition is found in a civilian’s possession.
Samuel, a native of Petite Savanne who resided in Bellevue Chopin, was arrested after officers executed a warrant at his home. Investigators reported finding three live 9mm rounds in clothing, one .38 spent shell, five live 12-gauge rounds hidden in a ceiling space, and 0.7 grams of cocaine. He pleaded guilty to possession of ammunition without a license and to possession of cocaine.
On appeal, counsel argued that a monetary penalty should replace incarceration due to his age, first-offender status, and early plea. The panel rejected that submission, noting the ongoing prevalence of gun-related offending and confirming that magistrates may depart from guideline ranges when reasons are recorded and circumstances justify it.
Director of Public Prosecution (DPP) Sherma Dalrymple welcomed the outcome, viewing it as a practical tool for prosecutors seeking firm sanctions in cases involving unlicensed ammunition. In her assessment, the decision supports courts that prioritize community safety when setting penalties.
The facts accepted by the court showed that, when questioned, Samuel admitted collecting some cartridges from the Bayfront and offered no clear account for others. The quantity of narcotics, though small, was weighed and tested by police and formed the basis of a separate fine.
Samuel now serves two years for the ammunition offense and must pay EC$2,500 on the cocaine charge by the date fixed by the trial court, with six months in default. For law enforcement and the bench, the case stands as a current reference point on deterrence, discretion, and the treatment of unlawful possession of ammunition today.
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