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
July 27, 2012

A dissenting judgment

Last week we looked at the judgment of Chief Justice Sir Dennis Byron given in two matters, Newton Spence v the Queen, No 20 of 1998 and Peter Hughes v the Queen, which, because of certain similarities, were consolidated. Justice Adrian Saunders concurred with this judgment. This week we will take a look at the judgment of Justice Albert Redhead, the lone dissenting voice in the matter.{{more}}

Before we actually get into the reasoning of the honourable judge, we must be reminded that the Privy Council remitted the two cases to the Court of Appeal for its consideration, because both appeals had raised a similar constitutional issue with regard to sentencing. The justices of appeal were required to consider whether “(a) the mandatory sentence of death imposed on the offenders should be quashed (and if so what sentence including the sentence of death should be imposed or (b) the mandatory sentence of death imposed on the appellant ought to be affirmed.”

Like the Chief Justice, Justice Redhead looked at the issue of construction, since it relates to matters contained in the constitution, namely the fundamental rights and freedom of the individual. In the above named cases, the issue of construction is particularly important to determine whether the mandatory death sentence was contrary to the section that opposes cruel and degrading punishment, or that which speaks of the arbitrary deprivation of a person’s life.

Justice Redhead, like the Chief Justice, looked at the constitution of St Lucia and opined that the fundamental rights and freedom were similar to those in St Vincent and the Grenadines. He felt that they were not substantive rights, but declaratory of rights that the populace should enjoy. He took issue with the submission by learned Queen Counsel Mr Fitzgerald, who opined that section 2(1) of the constitution was essentially a guarantee that a person would not be “arbitrarily deprived of one’s life”.

Justice Redhead insists that there was no guarantee in section 2(1). This section states that a person shall not be deprived of his life intentionally, save in the execution of a sentence of a court, in respect of a criminal offence of which he has been convicted. According to Justice Redhead, a person who commits murder and was found guilty by a jury could not be said to be “arbitrarily deprived of his life”, since there was due process.

Justice Redhead also looked at the savings clause and came to the conclusion that “before any remedial act of construction could be employed by way of modification etc. the law must offend the constitution.”

He felt that the punishment authorized by law would not become illegal, because there was no mitigation. In the case of the individuals in the above named case, he did not think that the lack of mitigation caused the decision to hang convicted offenders to be arbitrary. He pointed to the question of the “variation of moral blameworthiness of persons convicted of murder,” raised by Lord Diplock in Ong Ah Chaun v. Public Prosecutor. (1981) AC 648. Moral blameworthiness did not make the mandatory sentence that is lawful become unlawful.

The essence of Justice Redhead’s judgment is brought out in the following comment: “We must heed Lord Wilberforce’s reminder that a constitution is a legal instrument, the language of which must be respected. If the language given by lawgivers is ignored in favour of general resort to “values”, the result is not interpretation but divination.”

Ada Johnson is a solicitor and barrister-at-law.
E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    ULP presents slate of candidates for National Council’s approval
    Front Page
    ULP presents slate of candidates for National Council’s approval
    Webmaster 
    September 16, 2025
    THE GOVERNING Unity Labour Party (ULP), last Thursday, September 11, 2025, presented its full slate of candidates for approval at the party’s National...
    Ollivierre promises Ministry of Grenadines Development under NDP
    Front Page
    Ollivierre promises Ministry of Grenadines Development under NDP
    Webmaster 
    September 16, 2025
    OPPOSITION MEMBER of parliament for the Southern Grenadines, Terrance Ollivierre is promising a better life for the people of the constituency under a...
    North Windward elderly enjoy ‘Age with Grace’ at Sandy Bay
    Front Page
    North Windward elderly enjoy ‘Age with Grace’ at Sandy Bay
    Webmaster 
    September 16, 2025
    SCORES OF NORTH Windward residents turned out to the Sandy Bay Primary School on Saturday, September 13, 2025 to take part in a body care and wellness...
    ‘Outsider’ shot and killed in Layou
    Front Page
    ‘Outsider’ shot and killed in Layou
    Webmaster 
    September 16, 2025
    A MAN WHO WAS DESCRIBED as an “outsider” by several villagers before he was shot and killed in Layou last weekend, has been identified as 23-year-old ...
    Mainland, firmly NDP territory says Cummings
    Press Release
    Mainland, firmly NDP territory says Cummings
    Webmaster 
    September 16, 2025
    CHAIRMAN OFTHE NEW DEMOCRATIC PARTY (NDP), Daniel Cummings, has appealed to constituents in the Southern Grenadines to re-elect Terrance Ollivierre in...
    GEF, UNDP and Ministry of Agriculture Summer engagement Programme a success
    Press Release
    GEF, UNDP and Ministry of Agriculture Summer engagement Programme a success
    Webmaster 
    September 16, 2025
    IN A BOLD STEP toward cultivating the next generation of environmental leaders, the Ridge to Reef Project – funded by the Global Environment Facility ...
    News
    Vendor fined, bonded, and ordered to pay compensation for striking sleeping man
    From the Courts, News
    Vendor fined, bonded, and ordered to pay compensation for striking sleeping man
    Webmaster 
    September 16, 2025
    A VENDOR, who accused another man of vomiting and urinating in front of his family’s business place was bonded for striking the man in his stomach whi...
    Collaboration needed for more growth, says SVG Hotel Association President
    News
    Collaboration needed for more growth, says SVG Hotel Association President
    Webmaster 
    September 16, 2025
    PRESIDENT OF THE SVG Hotel Association Isola Giddings, says the country’s tourism sector is on a firm path of growth, but stakeholders must work toget...
    Foundation implements community driven project in SVG
    News
    Foundation implements community driven project in SVG
    Webmaster 
    September 12, 2025
    THE ASHLEY LASHLEY Foundation, with support from the United States Government, is implementing a local-level project entitled “Community-Driven Strate...
    Skills not available locally, non-nationals have to be hired says Finance Minister
    News
    Skills not available locally, non-nationals have to be hired says Finance Minister
    Webmaster 
    September 12, 2025
    NON- NATIONALS ARE being hired to fill several jobs in St Vincent and the Grenadines (SVG) simply because locals did not have the required skill sets....
    Montgomery Daniel squashes rumours that he’s sick
    News
    Montgomery Daniel squashes rumours that he’s sick
    Webmaster 
    September 12, 2025
    DEPUTY PRIME MINISTER Montgomery Daniel has sought to clear around rumours that have been circulating relating to his health. Speaking on NBC radio on...

    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