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
      • Privacy Policy
      • 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
      • 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
    The multilateral system undermined-Dr Gonsalves
    Front Page
    The multilateral system undermined-Dr Gonsalves
    Webmaster 
    January 6, 2026
    LEADER of the Opposition, Dr. Ralph Gonsalves, at a press conference yesterday, January, 5 2026, commented on “the matter in Venezuela and the presenc...
    ULP did not plan to send home housing workers – Dr Ralph Gonsalves
    Front Page
    ULP did not plan to send home housing workers – Dr Ralph Gonsalves
    Webmaster 
    January 6, 2026
    THE 180 WORKERS and housing assessors who were dismissed at the end of 2025 from the Reconstruction/ Rehabilitation Programme that was being run by th...
    Venezuelan Ambassador gravely concerned about safety of the region
    Front Page
    Venezuelan Ambassador gravely concerned about safety of the region
    Webmaster 
    January 6, 2026
    AMBASSADOR of Venezuela to St Vincent and the Grenadines (SVG), Perez Santana, has expressed grave concern about the safety of the region following th...
    SVG Tourism still untapped says PM Friday
    Front Page
    SVG Tourism still untapped says PM Friday
    Webmaster 
    January 6, 2026
    THE POTENTIAL OF St Vincent and the Grenadines (SVG), as it relates to tourism, and other economic drivers is untapped. This is the assessment of Prim...
    SVG emerges as New Caribbean Hotspot
    Front Page
    SVG emerges as New Caribbean Hotspot
    Webmaster 
    January 6, 2026
    ST.VINCENT ANDTHE GRENADINES (SVG), is seeing a boom in US tourism with a 49. 5% increase in arrivals. Once a quiet, off-the-radar destination, St. Vi...
    SVG CUBA Friendship Society condemns US military action in Venezuela
    Press Release
    SVG CUBA Friendship Society condemns US military action in Venezuela
    Webmaster 
    January 6, 2026
    THE SVG CUBA FRIENDSHIP SOCIETY has described the US military incursion into Venezuela on Saturday, January 3 2026 as a “Violation of Venezuela’s sove...
    News
    Poetry gave best-selling author her wings (+Video)
    News
    Poetry gave best-selling author her wings (+Video)
    Webmaster 
    January 6, 2026
    BEST-SELLING AUTHOR, educator and cultural practitioner, Zenna Lewis is currently working on her third and fourth publications, even as she sends a wo...
    Murder-accused to be back in court February 2
    From the Courts, News
    Murder-accused to be back in court February 2
    Webmaster 
    January 6, 2026
    A MAN WHO is alleged to have killed his nephew during an argument is expected back at the Serious Offences Court for his second court appearance on Fe...
    Youth takes out his jealousy on rival’s glass windows
    From the Courts, News
    Youth takes out his jealousy on rival’s glass windows
    Webmaster 
    January 6, 2026
    AYOUNG MAN, who broke his ex-girlfriend’s new boyfriend’s glass window and damaged his tiles on Christmas night was given a suspended sentence and ord...
    Questelles school to be rebuilt within three months
    News
    Questelles school to be rebuilt within three months
    Webmaster 
    January 6, 2026
    THE PORTION OF the Questelles Government School that was ravaged by fire on the afternoon of December 29, 2025 should be back in operation by April, 2...
    Dr. Friday promises best practices in Parliament
    News
    Dr. Friday promises best practices in Parliament
    Webmaster 
    January 6, 2026
    PRIME MINISTER, Dr. Godwin Friday said his government is fully committed to upholding the Constitution of St Vincent and the Grenadines (SVG) in the H...

    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