Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
April 1, 2005

Offences against the person

Murder (homicide) occurs quite frequently in SVG, much to the consternation of our citizens. There have been some four killings since the year 2005 started. All these incidents started with an argument and ended with the death of one person.

According to Section 159 of the Criminal Code, where any person who with malice aforethought causes the death of another person by an unlawful act or omission, that person is guilty of murder and subject to certain provisions of the Act shall be sentenced to death.{{more}} The proceedings are presided over by one of the two judges of the High Court. The Director of Prosecution examines and re-examines the witnesses on behalf of the crown and must prove beyond a reasonable doubt that the defendant is guilty. He must show by evidence that there was an intention to kill and all the circumstances surrounding the act.

Where a person suffers from some abnormality of the mind, and it is shown by evidence that he has a condition of arrested or retarded development of mind, or that his mental faculties are substantially impaired that person may not be responsible for the death of the victim. His defence must however prove that by virtue of the section he is not liable for the death of the victim.

Anyone who causes the death of another in the heat of passion caused by sudden provocation, and before there is time for this passion to cool, is guilty of manslaughter. Provocation is described by Section 162 and includes any wrongful act or insult likely to cause an ordinary person to lose self-control. If the jury finds evidence which shows that the person was provoked, it has a duty to determine whether it was enough to cause an ordinary person to lose his self control.

This is causing the death of a person by an unlawful act or omission. An unlawful omission may amount to gross negligence if a person fails to discharge a duty. Manslaughter differs from murder in that it is not attended with malice either express or implied. There was no time for premeditation. A person who is guilty of manslaughter is liable to life imprisonment.

In the past once a person was found guilty of murder, the death sentence was mandatory. Case law has now provided for mitigation to be done in a separate sentencing session in the presence of the judge without the jury. It has also made it mandatory for psychiatric and social reports to be done. Procedural guidelines were set down by the Chief Justice of the Eastern Caribbean States, Sir Dennis Byron, in the case of Mitcham and others (St. Christopher/St Kitts and Nevis) in 2002.

The death sentence is final and for this reason every action is taken to make sure that the court does not err when it sentences a person to death. The Court of appeal will therefore review how the judge conducted the trial when an appeal comes before it. Counsel for the appellant will point out the defects in the trial and especially in the judge’s summation. If the Court of Appeal agrees with the grounds argued it will allow the appeal. This means that the appellant would have won his case and will be free to go. An appeal could be allowed but sent back to the High Court for retrial as in the recent case of Leonard O’Garro v the Queen. If the appeal is dismissed the appellant conviction and sentence will be upheld. Sentence could be reduced to life imprisonment. In the case of Yearwood v the Queen, sentence of death was quashed and a term of 20 years imprisonment was ordered by the Court of Appeal.

  • FacebookComments
  • ALSO IN THE NEWS
    Former MP Selmon Walters to be laid to rest Today
    Breaking News
    Former MP Selmon Walters to be laid to rest Today
    Forrest 
    November 1, 2025
    Former Minister of Government and Diplomat, Selmon Walters, will be laid to rest on Saturday, November 1,2025 following a funeral service at the New L...
    PM Gonsalves confident  of election victory in  November
    Front Page
    PM Gonsalves confident of election victory in November
    Webmaster 
    October 31, 2025
    With general elections set to take place in St Vincent and the Grenadines on November 27,2025 leader of the Unity Labour Party, Dr Ralph Gonsalves, is...
    Tax reductions, increased pay  top list of  Independence ‘goodies’
    Front Page
    Tax reductions, increased pay top list of Independence ‘goodies’
    Webmaster 
    October 31, 2025
    Tax reduction, increase in allowances, and promotions are among the main features in what is commonly referred to as the Independence “goodies bag” an...
    Election  machinery  in high gear
    Front Page
    Election machinery in high gear
    Webmaster 
    October 31, 2025
    As the Vincentian electorate prepares to go to the polls in general elections on Thursday, November 27, 2025, the wheels involved in the electoral pro...
    Man found in Fenton Mountain was strangled, devastated family says
    Front Page
    Man found in Fenton Mountain was strangled, devastated family says
    Webmaster 
    October 31, 2025
    The family of a 24- year- old male, who allegedly was strangled to death and his body left at the Fenton Mountains in a car alongside that of a woman,...
    Cultural Ambassadors ‘Elated’ on their elevation
    Front Page
    Cultural Ambassadors ‘Elated’ on their elevation
    Webmaster 
    October 31, 2025
    Recognised among eight cultural ambassadors last Monday, October 27,2025, carnival mas band leader of High Voltage, Kingsley “Whiteman” Collis, and mu...
    News
    NDP’s Shevern John outlines plans for North Windward
    News
    NDP’s Shevern John outlines plans for North Windward
    Webmaster 
    October 31, 2025
    New Democratic Party(NDP) candidate, Shevern John, has outlined numerous plans for the constituency of North Windward which she is contesting in the u...
    Gibson-Velox proclaims longevity for a victorious NDP
    News
    Gibson-Velox proclaims longevity for a victorious NDP
    Webmaster 
    October 31, 2025
    The candidate of the New Democratic Party (NDP) for the West St George Constituency, Laverne Gibson-Velox claims that St Vincent and the Grenadines is...
    Civil war in Venezuela a problem for SVG says PM Gonsalves
    News
    Civil war in Venezuela a problem for SVG says PM Gonsalves
    Webmaster 
    October 31, 2025
    A civil war, or any war in Venezuela will not only be problematic for the Nicolas Maduro-led nation but will create serious security concerns for coun...
    Chauncey/Kingstown man breaks into prison, gets one year jail time
    From the Courts, News
    Chauncey/Kingstown man breaks into prison, gets one year jail time
    Webmaster 
    October 31, 2025
    A man from Chauncey and Kingstown who broke into His Majesty’s Prison and was trapped inside for approximately two hours after he was unable to escape...
    Government dissatisfied with developers on Canouan
    News
    Government dissatisfied with developers on Canouan
    Webmaster 
    October 31, 2025
    Prime Minister Dr Ralph Gonsalves has indicated the need for a serious conversation with the developers in the north of Canouan, as things are not goi...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok