The Court of Appeal has ordered the immediate release of a 16-year-old schoolboy who was sent to a juvenile remand centre for six months after he was found guilty of possessing an offensive weapon while at school.

It was argued before the court that the sentence was manifestly excessive and it was the wrong sentence for that type of offence.

The juvenile, who attended Kingston College, was searched at the school gate on March 12. A Cuban cutlass was found in his black JanSport school bag.

He was charged with being armed with an offensive weapon. When cautioned, he said the weapon belonged to a friend.

On June 2, he was convicted in the Family Court and ordered to remain in a juvenile remand centre for six months.

The Court of Appeal ordered last week that the appeal against sentence be allowed. The court substituted a probation order for one year. The juvenile is to be under the supervision of a probation officer.

Unfavourable report

The Family Court judge who sentenced the juvenile took into account an unfavourable report from his school. The report stated that the juvenile was a wayward youngster who continuously exhibited behavioural problems. The report stated that the juvenile was suspended on more than two occasions because of gross insubordination and scant regard for authority.

The judge said the fact that the weapon was concealed in the school bag clearly showed that the juvenile intended to take the offensive weapon on to the school compound. The judge pointed out that the boy's behaviour had prompted the school to decide to exclude him from re-registering in the new school year.

The social enquiry report disclosed that the juvenile exhibited behavioural problems at home and refused to respond to his mother's instructions.

In sentencing the juvenile, the judge said she agreed with the recommendations of the social worker that it would be in the best interest of the juvenile, who would be an adult shortly, to be exposed to a controlled environment.

barbara.gayle@gleanerjm.com