Revised Laws of Saint Lucia (2021)

4.   Committing and preparing to commit an offence for benefit of gang

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   (1)   A person who commits an offence for the benefit of, at the direction of, or in association with, a gang commits an indictable offence.

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   (2)   A person who —

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      (a)     prepares or supplies;

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      (b)     has in his or her possession, custody or control; or

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      (c)     has in the possession, custody or control of another person on his or her behalf,

a bullet-proof vest, firearm, ammunition, equipment, instrument, material or any device, whether lawfully obtained or not, with the intention that such bullet-proof vest, firearm, ammunition, equipment, instrument, material or device may be used by him or her or any other person in committing an offence for the benefit of, at the direction of or in association with a gang, commits an offence.

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   (3)   A person who commits an offence under this section is liable on conviction on indictment to a fine of $100,000.00 and to imprisonment for a term of 10 years.

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   (4)   In the prosecution of an offence under this section, it is not necessary to prove that the accused knew the identity of any of the persons who constitute the gang.

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   (5)   In determining the sentence to be imposed on a person convicted under this section, the Court may consider, among other factors any of the following circumstances as an aggravated circumstance, justifying a severe sentence —

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      (a)     a minor was involved in the commission of the offence or that the offence was against a minor;

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      (b)     any part of the offence was conducted within one mile of a school or place of worship;

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      (c)     the person convicted was a law enforcement officer at the time the offence was committed; or

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      (d)     the person convicted is a gang leader.