A Kingston man who was convicted and sentenced for gun crimes in 2020 but was appealing those decisions, earlier this month did an about-face and dropped his appeal after finding out that he was scheduled for early release in a matter of weeks.

Jasmain Spence had been convicted in the Gun Court in March 2020 for illegal possession of firearm and illegal possession of ammunition. He was sentenced to seven years’ imprisonment for illegal possession of firearm and two years’ imprisonment for illegal possession of ammunition, with the sentences ordered to run concurrently.

According to the prosecution, Spence had been spotted by cops in October 2017 walking in the Payne Land community with a gun.

According to the police, Spence was ordered to drop the weapon, which he did, but he “ran away”.

The prosecution said Spence was known to one of the police officers for a number of years. During his trial, Spence gave sworn evidence in which he admitted to interacting with the police on that date, but insisted that he was not found with a firearm and was released by the police following a search.

The trial judge, in sentencing Spence, said the main issue had to do with his credibility.

Spence, in appealing his sentences and convictions, was in the process of making an application for fresh evidence in order to discredit the evidence given at trial when he was informed that, “but for his application for leave to appeal, he would be eligible for early release on March 1”.

In light of that development Spence indicated to the Court of Appeal that he preferred to abandon the appeal.

The Crown did not oppose his decision.

The Appeal Court, in ruling in Spence’s favour, said, “We are of the view that these circumstances require the favourable consideration of this court.”

“The court, therefore, makes the following order: It is hereby directed that, upon the applicant filing a notice of abandonment of his application for leave to appeal, his sentences of seven years’ imprisonment for illegal possession of firearm and two years’ imprisonment for illegal possession of ammunition are to be reckoned as having commenced on the date on which they were imposed, that is, 3 July 2020.”