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
Sentencing guidelines must be followed – Judge
Justice Esco Henry
Front Page
September 20, 2019

Sentencing guidelines must be followed – Judge

Sentences handed down by judges and magistrates are guided by a set of sentencing guidelines which are clearly thought out by the Eastern Caribbean Supreme Court (ECSC).

But, despite the fact that these guidelines are available to the public online and other places, the judiciary continues to be bombarded by criticisms from the public, some of them defamatory.

“We would have heard the criticisms of the sentences imposed in some of the courts so the primary objective behind the launch of the guidelines is to seek to continue to restore public confidence in the transparency and consistency of judicial approach to sentencing,” Justice Esco Henry told persons last week at the National Insurance Services (NIS) conference room during a workshop.

The workshop was being held to inform persons about the Eastern Caribbean Supreme Court (ECSC) 2019 and the role these guidelines play in sentencing.

The Judge said that despite what persons say, the guidelines should be applied in all cases unless to do so would be contrary to the interest of justice.

She however noted that the reasons and procedures for the sentence must be explained by the judge involved, including in instances where a guideline is not followed.

If a guideline is not followed, reasoning and rationale behind that departure should be given.

“The guidelines seek to ensure that sentences in our jurisdictions are structured, well reasoned and published and this will no doubt lead to a better understanding among our publics of the principles of practice of sentencing,” Justice Henry noted.

She added that in any democratic society the rule of law is the cornerstone of establishment and maintenance of law and order.

“Part of the constituent elements of the rule of law is that there must be restrictions on the arbitrary exercise of power from whatever source even from judicial officers who are carrying out their functions in their role on the bench,” the judge told the room of lawyers, law practitioners and journalists.

She said that you restrict power, but subordinating those powers to well defined and established laws.

“The sentencing guidelines are going to be implemented by statutory instruments in all of the members states and territories served by Eastern Caribbean Supreme Court so they will have the force of law and it means that all judicial officers who are charged with enforcing them must give effect to them, must comply with those guidelines,” Justice Henry stressed while

noting that the guidelines must be adhered to by the High Court and the Magistrate Courts as the ECSC has taken the bold step to introduce them.

She noted also that the public should know the guidelines require that the judicial officers always give reasons for the sentences that they arrive at.

“They are mandated pursuant to the guidelines to explain clearly in their decisions to the process by which they arrive at the sentences,” she noted while adding that in a lot of cases, the sentencing decisions are posted online.

“Very importantly, the objective is not to achieve inequality across jurisdictions and even in respect of offences you will also hear the guidelines are not intended to erode the discretion of a judicial officer, in fact, it is critical that the discretion of judicial officers be maintained as part of this process,” noted the learned judge who added that defence counsels have a duty to inform clients about the guidelines.

The workshop also heard from Justice Brian Cottle.

Justice Cottle said that in relation to the criticisms, while persons say certain things, the court must be prepared to listen to and accept that persons are entitled to their opinions.

“But what we ask is that those opinions, those comments, those criticisms be informed and fair and we would listen,” said Justice Cottle who stressed that judges are not perfect.

  • FacebookComments
  • ALSO IN THE NEWS
    Radio Announcer grieves the shooting death of son
    Front Page
    Radio Announcer grieves the shooting death of son
    Webmaster 
    January 20, 2026
    "HE WAS EXCITED for life.” This is how radio broadcaster Donnie Collins, remembers his son Quinn Greaves, who died following a shooting on Friday, Jan...
    Police assign special team to probe Georgie Gutter shooting
    Front Page
    Police assign special team to probe Georgie Gutter shooting
    Webmaster 
    January 20, 2026
    THE Royal St.Vincent and the Grenadines Police Force (RSVGPF), said Commissioner of Police Enville Williams, has established a special investigative t...
    Opposition to make use of full quota of questions in Parliament
    Front Page
    Opposition to make use of full quota of questions in Parliament
    Webmaster 
    January 20, 2026
    OPPOSITION LEADER, Dr. Ralph Gonsalves, has indicated that opposition Members of Parliament will make full use of the quota of questions allowed in Pa...
    Carriacou hoping to attract Vincy youth for Boat Building
    Front Page
    Carriacou hoping to attract Vincy youth for Boat Building
    Webmaster 
    January 20, 2026
    GRENADA’S MINISTER for Tourism, the Creative Economy and Culture, Senator Adrian Thomas, says the government is open to having local boat builders men...
    Several persons injured as minivan overturns in South Union
    Front Page, News
    Several persons injured as minivan overturns in South Union
    Webmaster 
    January 20, 2026
    SEVERAL PERSONS HAVE been left nursing injuries following a vehicular accident which took place in South Union yesterday, Monday, January 19, 2026. Th...
    Vincentian Barrister cautions local media
    Front Page
    Vincentian Barrister cautions local media
    Webmaster 
    January 20, 2026
    LAWYER, CECIL ‘BLAZER’WILLIAMS has urged local media practitioners to be vigilant in their use of words by their American counterparts in reporting ne...
    News
    Several persons injured as minivan overturns in South Union
    Front Page, News
    Several persons injured as minivan overturns in South Union
    Webmaster 
    January 20, 2026
    SEVERAL PERSONS HAVE been left nursing injuries following a vehicular accident which took place in South Union yesterday, Monday, January 19, 2026. Th...
    SVG receives $US thousands in food, charitable goods, and a fire tender from Taiwan
    News
    SVG receives $US thousands in food, charitable goods, and a fire tender from Taiwan
    Webmaster 
    January 20, 2026
    THE REPUBLIC OF China (Taiwan),has donated 198 tons of rice, two containers of charitable goods, and a fire truck to St Vincent and the Grenadines (SV...
    VAT Free day a gimmick says Opposition Leader, PM Friday says it provided tangible relief
    News
    VAT Free day a gimmick says Opposition Leader, PM Friday says it provided tangible relief
    Webmaster 
    January 20, 2026
    WHILE PRIME MINISTER, Dr. Godwin Friday has hailed the success of his administration’s first Vat Free Day, Opposition Leader Dr. Ralph Gonsalves has r...
    SVG Cadet Force launches 90th anniversary celebrations
    News
    SVG Cadet Force launches 90th anniversary celebrations
    Webmaster 
    January 20, 2026
    THE STVINCENT and the Grenadines (SVG) Cadet Force revealed plans for their 90th anniversary at a media launch yesterday, January 19, 2026 at the NIS ...
    Dr Gonsalves signs Book of Condolences at Embassy of Venezuela
    News
    Dr Gonsalves signs Book of Condolences at Embassy of Venezuela
    Webmaster 
    January 16, 2026
    Leader of the Unity Labour Party (ULP) Dr. Ralph Gonsalves, on Wednesday, January 14, 2026, signed the Book of Condolences at the Embassy of the Boliv...

    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