Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • 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
      • logo
      • logo
      • logo
    • About Us
      • logo
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • 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
      • logo
      • logo
      • logo
    • About Us
      • logo
      • 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
    Mangrove destroyed in conservation area – Opposition Leader
    Front Page
    Mangrove destroyed in conservation area – Opposition Leader
    Webmaster 
    September 4, 2026
    OPPOSITION LEADER Dr. Ralph Gonsalves said that while people are focused on the sale of Chatham Bay, Union Island, there is an environmental massacre ...
    Prime Minister Friday defends sale of lands at Chatham Bay
    Front Page
    Prime Minister Friday defends sale of lands at Chatham Bay
    Webmaster 
    September 4, 2026
    CHATHAM BAY, Union Island is worth protecting, but protecting it does not mean it cannot also deliver value for the people of St Vincent and the Grena...
    HIV/AIDS advocate says he was fired
    Front Page
    HIV/AIDS advocate says he was fired
    Webmaster 
    September 4, 2026
    HIV/AIDS advocate and educator Winfield Tannis- Abbott, is claiming political victimization after his position as Aids Coordinator for Public Sector E...
    FBI to visit SVG says Leacock
    Front Page
    FBI to visit SVG says Leacock
    Webmaster 
    September 4, 2026
    PERSONNEL ATTACHED TO the Federal Bureau of Investigation (FBI) are expected to be in St Vincent and the Grenadines (SVG) soon according to Minister o...
    Friday and Gonsalves honour Allen
    Front Page
    Friday and Gonsalves honour Allen
    Webmaster 
    September 4, 2026
    PRIME MINISTER Dr Godwin Friday and Opposition Leader Dr Ralph Gonsalves crossed party lines to deliver deeply moving tributes to Alpian Allen’s endur...
    Daughter eulogised her dad whose “heart was right with God”
    Front Page
    Daughter eulogised her dad whose “heart was right with God”
    Webmaster 
    September 4, 2026
    DR JANELLE ALLEN, spoke with love and nostalgia of her dad Alpian Allen, who always made time for his family and prayer. She was delivering the eulogy...
    News
    Report wrongdoing by police – acting deputy COP
    News
    Report wrongdoing by police – acting deputy COP
    Webmaster 
    September 4, 2026
    COMMENTS of “nothing is done” when civilians report acts of wrong doing by members of the Royal St Vincent and the Grenadines Police Force (RSVGPF) ha...
    Current revenue declined in 2026 second quarter
    News
    Current revenue declined in 2026 second quarter
    Webmaster 
    September 4, 2026
    PRIME MINISTER Dr. Godwin Friday, on Thursday, August 27, 2026 told the House of Parliament that there was a decline in current revenue received for t...
    Electrician charged with multiple offenses
    From the Courts, News
    Electrician charged with multiple offenses
    Webmaster 
    September 4, 2026
    A 44-YEAR-OLD electrician of Belair charged with multiple offenses, was granted EC$10,000 bail with one surety when he appeared at the Serious Offence...
    SJC students Kingstown, dominate Youlou Arts Foundation Art Competition
    News
    SJC students Kingstown, dominate Youlou Arts Foundation Art Competition
    Webmaster 
    September 4, 2026
    STUDENTS OFTHE St Joseph’s Convent Kingstown, took the top three places in the third annual Secondary Schools’ Art competition organised by theYoulou ...
    Nephew pays tribute on behalf of North Leeward
    News
    Nephew pays tribute on behalf of North Leeward
    Webmaster 
    September 4, 2026
    THE NORTH LEEWARD community celebrated the legacy of their former Parliamentary representative Alpian Rudolf Otway Allen, remembering him as a devoted...

    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