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
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • 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
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • 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
    Gov’t investigating operations of statutory corporations under ULP
    Front Page
    Gov’t investigating operations of statutory corporations under ULP
    Webmaster 
    September 22, 2026
    THE GOVERNMENT said it has discovered discrepancies in some statutory organisations that need deeper investigation with the possibility of holding peo...
    ‘Wiped Computer’ matter still under investigation – Foreign Affairs Minister
    Front Page
    ‘Wiped Computer’ matter still under investigation – Foreign Affairs Minister
    Webmaster 
    September 22, 2026
    THE CLAIM that the computers at the St Vincent and the Grenadines (SVG) Consulate in NewYork (NY) were wiped is still being investigated by the New De...
    SVG has no capacity for borrowing says PM Friday
    Front Page
    SVG has no capacity for borrowing says PM Friday
    Webmaster 
    September 22, 2026
    THE GOVERNMENT of St Vincent and the Grenadines (SVG) can no longer borrow and invest. “...there is no room for it...”, Prime Minister Dr. Godwin Frid...
    Cuba as national security threat to US ‘entirely farcical’, says Gonsalves
    Front Page
    Cuba as national security threat to US ‘entirely farcical’, says Gonsalves
    Webmaster 
    September 22, 2026
    ST VINCENT AND THE Grenadines’ Opposition Leader, Dr. Ralph Gonsalves has characterized Washington’s framing of Cuba as a national security threat as ...
    SSU conducts basic security course for 16 Auxiliary Recruits
    Front Page
    SSU conducts basic security course for 16 Auxiliary Recruits
    Webmaster 
    September 22, 2026
    Sixteen Auxiliary Police recruits have begun three weeks of intensive training under the Special Service Unit’s Basic Security Course No. 1 of 2026, a...
    SVG listed in six categories for recognition in Wanderlust Reader Travel Awards
    News
    SVG listed in six categories for recognition in Wanderlust Reader Travel Awards
    Webmaster 
    September 22, 2026
    ST.VINCENT AND THE Grenadines (SVG), has been shortlisted in six categories in the 2026 Wanderlust Reader Travel Awards, one of the United Kingdom’s l...
    News
    SVG listed in six categories for recognition in Wanderlust Reader Travel Awards
    News
    SVG listed in six categories for recognition in Wanderlust Reader Travel Awards
    Webmaster 
    September 22, 2026
    ST.VINCENT AND THE Grenadines (SVG), has been shortlisted in six categories in the 2026 Wanderlust Reader Travel Awards, one of the United Kingdom’s l...
    SVG recommits to more awareness and early diagnosis to mark World Alzheimer’s Day
    News
    SVG recommits to more awareness and early diagnosis to mark World Alzheimer’s Day
    Webmaster 
    September 22, 2026
    ST.VINCENT AND THE Grenadines joined communities around the world in observing World Alzheimer’s Day 2026 with renewed emphasis on the importance of e...
    Canouan chef fined for possession of marijuana
    From the Courts, News
    Canouan chef fined for possession of marijuana
    Webmaster 
    September 22, 2026
    A chef of Canouan was ordered to pay over EC$ 1,000 when he appeared in court on September 21, 2026 on two marijuana charges. Twenty-two-year old Jova...
    PM Friday discusses Climate Resilience issues with UN Secretary-General
    News
    PM Friday discusses Climate Resilience issues with UN Secretary-General
    Webmaster 
    September 22, 2026
    PRIME MINISTER Dr. Godwin Friday met on Sunday, September 20, 2026 with United Nations Secretary-General António Guterres, at United Nations Headquart...
    Agreement signed to help farmers market produce using digital technology
    News
    Agreement signed to help farmers market produce using digital technology
    Webmaster 
    September 18, 2026
    The Government of St Vincent and the Grenadines (SVG), is advancing a data-driven partnership to connect local farmers to international buyers while d...

    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