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
    Prime Minister commends public for strong participation and responsible conduct on VAT Free shopping day
    Prime Minister commends public for strong participation and responsible conduct on VAT Free shopping day
    Jada 
    December 23, 2025
    Prime Minister Commends Public for Strong Participation and Responsible Conduct on VAT Free Day Prime Minister Hon. Philip J. Pierre has expressed sin...
    SVG Basketball Federation Collaborates with JEMS Environmental Group for Youth Climate Hoops Programme
    SVG Basketball Federation Collaborates with JEMS Environmental Group for Youth Climate Hoops Programme
    Jada 
    December 23, 2025
    The St. Vincent and the Grenadines Basketball Federation (SVGBF), under the leadership of President Suzette Jackson, has partnered with JEMS Environme...
    Merchants happy with SVG’s first VAT-free Shopping Day
    Front Page
    Merchants happy with SVG’s first VAT-free Shopping Day
    Webmaster 
    December 23, 2025
    ST.VINCENT ANDTHE GRENADINES’ first-ever VAT-free shopping day has been hailed a success by local merchants, as consumers flocked their businesses to ...
    AIA is a fantastic investment – we will build on it – Minister Shallow
    Front Page
    AIA is a fantastic investment – we will build on it – Minister Shallow
    Webmaster 
    December 23, 2025
    MINISTER OF TOURISM, Civil Aviation and Sustainable Development Dr. Kishore Shallow has acknowledged the Unity Labour Party (ULP) administration’s inv...
    NDP’s bonus falls short of the promised double salary – Dr Gonsalves
    Front Page
    NDP’s bonus falls short of the promised double salary – Dr Gonsalves
    Webmaster 
    December 23, 2025
    PRIME MINISTER Dr. Godwin Friday has promised that at some point in January, 2026, some public servants will receive double pay, while others will rec...
    NPRB urges attendance at Nine Nights
    Front Page
    NPRB urges attendance at Nine Nights
    Webmaster 
    December 23, 2025
    by GRACE FRANCIS The Marketing and Public Relations Manager at the National Parks, Rivers and Beaches Authority (NPRB), and the Nine Nights of Lights ...
    News
    Best Lit House multiple winner, Jimmy Samuel may bow out after 2025
    News
    Best Lit House multiple winner, Jimmy Samuel may bow out after 2025
    Webmaster 
    December 23, 2025
    by JADA CHAMBERS AN 85-YEAR-OLD RILL HILL resident who has competed in the Best Lit House competition for almost two decades, is preparing to compete ...
    Gonsalves may not attend Parliament today over security issues
    News
    Gonsalves may not attend Parliament today over security issues
    Webmaster 
    December 23, 2025
    OPPOSITION LEADER Dr. Ralph Gonsalves’ current security arrangement may be a main issue in the veteran politician not attending the first sitting of t...
    Two lawyers named as Opposition Senators
    News
    Two lawyers named as Opposition Senators
    Webmaster 
    December 23, 2025
    THREE LAWYERS WILL make up the opposition in Parliament when the legislative body meets after today, December, 23 2025. Yesterday, Monday, December 22...
    International delegates denounce American aggression towards Venezuela
    News
    International delegates denounce American aggression towards Venezuela
    Webmaster 
    December 23, 2025
    ABOUT 1,000 PERSONS from 50 countries who participated in ‘The Assembly of the Peoples for the Sovereignty and Peace of Our America’ have denounced US...
    Opposition Leader calls for Peace this Christmas
    News
    Opposition Leader calls for Peace this Christmas
    Webmaster 
    December 23, 2025
    OPPOSITION LEADER, Dr. Ralph Gonsalves, delivered a Christmas message to the nation via Facebook on December 22, 2025 extending season’s greetings and...

    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