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
    Finance Minister lays EC$1.9 b. Estimates in Parliament
    Front Page
    Finance Minister lays EC$1.9 b. Estimates in Parliament
    Webmaster 
    January 30, 2026
    THE 2026 ESTIMATES of revenue and expenditure for St Vincent and the Grenadines was laid in the House of Assembly on Thursday, January 29,2026 by Prim...
    Dr Gonsalves dissects $1.9 billion Budget Estimates of the NDP administration
    Front Page
    Dr Gonsalves dissects $1.9 billion Budget Estimates of the NDP administration
    Webmaster 
    January 30, 2026
    OPPOSITION LEADER Dr Ralph Gonsalves has concluded that the EC$1.9 billion Estimates presented in Parliament by Minister of Finance Dr. Godwin Friday,...
    Opposition rejects Speaker’s claims they deliberately flouted the Laws of Parliament
    Front Page
    Opposition rejects Speaker’s claims they deliberately flouted the Laws of Parliament
    Webmaster 
    January 30, 2026
    HE SPEAKER of the House of Assembly in St. Vincent and the Grenadines (SVG) Ronnia Durham-Balcombe, by way of letter dated January 13, 2026, has accus...
    Attack on Referee costs football coach his double salary
    Front Page
    Attack on Referee costs football coach his double salary
    Webmaster 
    January 30, 2026
    A FOOTBALL COACH, who “humiliated” a referee by striking him on his face with a weapon after being given a straight red card for using abusive languag...
    Grammar School student boost skills in his role as ‘Junior Minister of Tourism’
    Front Page
    Grammar School student boost skills in his role as ‘Junior Minister of Tourism’
    Webmaster 
    January 30, 2026
    FIFTH FORM student, Isaiah Toney who attends the St Vincent Grammar School (SVGS), is boosted his knowledge and skills as he winds down his time servi...
    Georgetown School for children with special needs marks 40 years
    Front Page
    Georgetown School for children with special needs marks 40 years
    Webmaster 
    January 30, 2026
    THE MINISTRY OF EDUCATION has extended hearty congratulations to the School for Children with Special Needs in Georgetown on the attainment of its 40t...
    News
    Community College launches its 2026 “World of Work” Programme
    News
    Community College launches its 2026 “World of Work” Programme
    Webmaster 
    January 30, 2026
    The St.Vincent and the Grenadines Community College (SVGCC), said it officially launched its 2026 World of Work (WOW) Programme on January 23, 2026. N...
    Two members welcomed to The Alliance for Primary Health Care in the Americas
    News
    Two members welcomed to The Alliance for Primary Health Care in the Americas
    Webmaster 
    January 30, 2026
    THE ALLIANCE FOR PRIMARY HEALTH CARE (PHC), in the Americas, a joint initiative of the Pan American Health Organization (PAHO), the World Bank (WB), a...
    Minister says more people are applying for firearm licenses
    News
    Minister says more people are applying for firearm licenses
    Webmaster 
    January 30, 2026
    MORE VINCENTIANS are applying for firearm licenses, even as the Minister of National Security St. Clair Leacock says there are certain weapons he thin...
    Improved hygiene standards coming for Barrouallie Black Fish Processors
    News
    Improved hygiene standards coming for Barrouallie Black Fish Processors
    Webmaster 
    January 30, 2026
    BARROUALLIE BLACK FISH processors will soon operate under improved hygienic conditions when the Bottle and Glass Black Fish Enhancement Project is com...
    Ginger thief receives three-part sentence
    From the Courts, News
    Ginger thief receives three-part sentence
    Webmaster 
    January 30, 2026
    A REDEMPTION SHARPES MAN was jailed, given a suspended sentence and was ordered to pay compensation for stealing $800 worth of ginger. Glenroy Holder ...

    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