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 20, 2012

Historic case – Part 4

Last week’S article summarized Court of Appeal Case No. 20 of 1998, Newton Spence v the Queen and No 14 of 1997, Peter Hughes v the Queen. These raised issues of a constitutional nature, with regard to the mandatory death sentence. The decision to quash the death sentence against the appellants was taken with one of the three judges dissenting.{{more}} I promised to highlight the arguments that were raised and I will start with the Chief Justice’s, which was supported by Justice Adrian Saunders.

The Chief Justice in his initial comments gave a brief description of the importance of the language of the constitution, as well as the fundamental rights and freedom that are grounded in international norms. He noted that while the principles of construction ought to be taken into consideration, that is, the type of language used in constructing the constitution, due attention has to be paid to the fundamental rights and freedom enshrined in our constitution. Fundamental rights have been included in our constitution so as to uphold the rights and dignity of human beings. He is supported and he noted the contribution of Lord Wilberforce in Minister of Home Affairs v Fisher (1979) 3 AER 21 at 25, who linked the rights and freedom guaranteed by the constitution to international legal norms such as that espoused by the Human Rights Convention in Europe and the United Nations Universal Declaration of Human Rights.

He believes that there has been focus on capital punishment because of a developing trend towards recognizing the value of human life. He illustrates this by pointing to the difference between the older cases and more recent cases. The older cases, he opined, reflect “values that are harsher, more oppressive and discriminatory and the modern cases which give effect to more evolving standard of decency, demonstrated by a favourable modification of the rules of stare decisis.” Stare decisis is the rule by which lower courts follow precedents established by a higher court, until they are overturned. He said that there are clear cases where courts have refused to follow older decisions.

After these preliminary comments, in which he sets the direction for his argument, he notes the role of parliament to make the laws and, in particular, sentencing policy, and that of the court to evaluate the laws. This means that where there are inconsistencies in the law, it is the role of the court to identify them. In explaining this, he establishes the role of the court in the cases in hand. The role of the justices was to decide whether the mandatory sentence of death was in contravention with the constitution.

Before our constitution was enacted, the death sentence was part of our laws and was carried over to the constitution by “a savings clause”. The Chief Justice, after considering the arguments on both sides, decided that the savings clause should be viewed in a “limited scope.” It does not prohibit the method of punishment by hanging, neither does it prohibit “the process by which a lawful sentence of death may be imposed so that a lawful sentence of death could be imposed where there is a hearing in which the offender had an opportunity to mitigate his sentence” (p. 11).

Chief Justice Byron concluded that changing the law was a role for the legislators. He recommended that there should be an opportunity for the convicted person to mitigate, as the death sentence should not be automatic when someone is found guilty. Mitigation takes into account the gravity of the offence, the character and record of the offender, among other factors.

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

  • FacebookComments
  • ALSO IN THE NEWS
    NDP romps home 14-1
    Front Page
    NDP romps home 14-1
    Webmaster 
    November 28, 2025
    THE PEOPLE SPOKE emphatically in Thursday’s general elections in St Vincent and the Grenadines (SVG)propelling the New Democratic Party (NDP) into the...
    ULP’s ‘Come Home Rally’ attracts thousands
    Front Page
    ULP’s ‘Come Home Rally’ attracts thousands
    Webmaster 
    November 28, 2025
    A MAMMOTH CROWD thronged the Arnos Vale 2 Playing Field for the ‘Come Home Labour Family’ rally of the Unity Labour Party (ULP) as it closed out the 2...
    Political Parties close out elections campaign with big entertainers
    Front Page
    Political Parties close out elections campaign with big entertainers
    Webmaster 
    November 28, 2025
    “THE WIND OF change is blowing throughout this land,” declared Dr Godwin Friday, leader of the New Democratic Party. He was speaking at the party’s cl...
    Front Page
    NMCM: main polling day complaint, long lines
    Webmaster 
    November 28, 2025
    VOLUNTEERS UNDER THE auspices of the National Monitoring and Consultative Mechanism (NMCM), who have been monitoring the general elections campaign, h...
    Jamaica’s Andrew Holness Congratulates Dr. Friday
    Press Release
    Jamaica’s Andrew Holness Congratulates Dr. Friday
    Webmaster 
    November 28, 2025
    EVEN BEFORE his swearing in as prime minister, regional leaders have been sending messages of congratulations to Dr Godwin Friday on the victory of hi...
    Regional leaders send congratulations to Dr. Friday
    News
    Regional leaders send congratulations to Dr. Friday
    Webmaster 
    November 28, 2025
    TRINIDAD ANDTOBAGO’S Prime Minister, Kamla Persad Bessesar, was also among regional leaders to send early congratulations to Dr. Godwin Friday. “Tonig...
    News
    Regional leaders send congratulations to Dr. Friday
    News
    Regional leaders send congratulations to Dr. Friday
    Webmaster 
    November 28, 2025
    TRINIDAD ANDTOBAGO’S Prime Minister, Kamla Persad Bessesar, was also among regional leaders to send early congratulations to Dr. Godwin Friday. “Tonig...
    Online educator drops in on students at St Vincent Grammar School
    News
    Online educator drops in on students at St Vincent Grammar School
    Webmaster 
    November 28, 2025
    BY GRACE FRANCIS WITH A VIEW to setting foot in every country in the Caribbean, online educator, Kerwin Springer, of Trinidad and Tobago paid a visit ...
    Party leaders travelled north on Thursday
    News
    Party leaders travelled north on Thursday
    Webmaster 
    November 28, 2025
    LEADER OFTHE Unity Labour Party (ULP), Dr Ralph Gonsavles, and leader of the New democratic Party (NDP), Dr Godwin Friday both went to constituencies ...
    Calvert Jones recognized by the OAS
    News
    Calvert Jones recognized by the OAS
    Webmaster 
    November 28, 2025
    A PRESENTATION BY Vincentian artist, Calvert Jones at the 10th Inter-American Meeting of Ministers of Culture and Highest Appropriate Authorities puts...
    From the Courts, News
    Teenage thief activates $900 bond, sent to prison
    Webmaster 
    November 28, 2025
    A TEENAGER, who used another person’s vehicle without permission and was bonded in the sum of $900, is now imprisoned for four months for stealing fro...

    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