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
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
    Chatham Bay sale a betrayal, says Union Island resident
    Front Page
    Chatham Bay sale a betrayal, says Union Island resident
    Webmaster 
    September 1, 2026
    The government’s decision to sell approximately 100 acres of land at Chatham Bay for preservation purposes at a cost of EC$52.7 million dollars is not...
    CED unveils US$ 4.6m. five-year strategic plan
    Front Page
    CED unveils US$ 4.6m. five-year strategic plan
    Webmaster 
    September 1, 2026
    The Centre for Enterprise Development Inc. (CED), has unveiled a US$4.64 million five-year strategic plan aimed at strengthening the organisation’s su...
    Taiwan-SVG mark diplomatic milestone with Youth Cultural showcase
    Front Page
    Taiwan-SVG mark diplomatic milestone with Youth Cultural showcase
    Webmaster 
    September 1, 2026
    A vibrant cross-cultural showcase by a 30-member delegation of Taiwan International Youth Ambassadors has brought fresh energy to the 45-year diplomat...
    Ralph Gonsalves speaks unity to PNM in Trinidad
    Front Page
    Ralph Gonsalves speaks unity to PNM in Trinidad
    Webmaster 
    September 1, 2026
    There will be dissonances because my brother… [Colm] Imbert, [former Finance Minister], there are dissonances in every symphony. And how do we deal wi...
    Young Vincentian advocates for youth Empowerment
    Front Page
    Young Vincentian advocates for youth Empowerment
    Webmaster 
    September 1, 2026
    Young Vincentians possess the undeniable capacity to steer their nation’s future, but they urgently require dedicated structural platforms to effectiv...
    Two receive Bunpan Scholarships
    News
    Two receive Bunpan Scholarships
    Webmaster 
    September 1, 2026
    The parents of Havanna James and Miccoy Mc Nicholls will see their children start their secondary education come September 7,2026, with much ease and ...
    News
    Two receive Bunpan Scholarships
    News
    Two receive Bunpan Scholarships
    Webmaster 
    September 1, 2026
    The parents of Havanna James and Miccoy Mc Nicholls will see their children start their secondary education come September 7,2026, with much ease and ...
    Digicel expands Full-Fibre Network
    News
    Digicel expands Full-Fibre Network
    Webmaster 
    September 1, 2026
    Telecommunications company Digicel, has announced a major expansion of its end-to-end fiber network across St. Vincent that will put its services with...
    Rodney Small wants to see SHESO pan yard transformed
    News
    Rodney Small wants to see SHESO pan yard transformed
    Webmaster 
    September 1, 2026
    President of the Youlou Pan Movement (YPM), Rodney Small, has proposed that the Sion Hill Euphonium Steel Orchestra’s (SHESO) pan yard located at Sion...
    Founder of Straker’s Records dies at 86
    News
    Founder of Straker’s Records dies at 86
    Webmaster 
    September 1, 2026
    The renowned Vincentian, music producer and pioneering founder of Straker’s Records has died in his adopted home, the USA. His family announced that S...
    African snails ‘terrorising’ Clare Valley residents
    News
    African snails ‘terrorising’ Clare Valley residents
    Webmaster 
    August 28, 2026
    Some residents of Clare Valley in the South Leeward constituency are calling on the relevant authorities to address an infestation of African snails i...

    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