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 27, 2012

A dissenting judgment

Last week we looked at the judgment of Chief Justice Sir Dennis Byron given in two matters, Newton Spence v the Queen, No 20 of 1998 and Peter Hughes v the Queen, which, because of certain similarities, were consolidated. Justice Adrian Saunders concurred with this judgment. This week we will take a look at the judgment of Justice Albert Redhead, the lone dissenting voice in the matter.{{more}}

Before we actually get into the reasoning of the honourable judge, we must be reminded that the Privy Council remitted the two cases to the Court of Appeal for its consideration, because both appeals had raised a similar constitutional issue with regard to sentencing. The justices of appeal were required to consider whether “(a) the mandatory sentence of death imposed on the offenders should be quashed (and if so what sentence including the sentence of death should be imposed or (b) the mandatory sentence of death imposed on the appellant ought to be affirmed.”

Like the Chief Justice, Justice Redhead looked at the issue of construction, since it relates to matters contained in the constitution, namely the fundamental rights and freedom of the individual. In the above named cases, the issue of construction is particularly important to determine whether the mandatory death sentence was contrary to the section that opposes cruel and degrading punishment, or that which speaks of the arbitrary deprivation of a person’s life.

Justice Redhead, like the Chief Justice, looked at the constitution of St Lucia and opined that the fundamental rights and freedom were similar to those in St Vincent and the Grenadines. He felt that they were not substantive rights, but declaratory of rights that the populace should enjoy. He took issue with the submission by learned Queen Counsel Mr Fitzgerald, who opined that section 2(1) of the constitution was essentially a guarantee that a person would not be “arbitrarily deprived of one’s life”.

Justice Redhead insists that there was no guarantee in section 2(1). This section states that a person shall not be deprived of his life intentionally, save in the execution of a sentence of a court, in respect of a criminal offence of which he has been convicted. According to Justice Redhead, a person who commits murder and was found guilty by a jury could not be said to be “arbitrarily deprived of his life”, since there was due process.

Justice Redhead also looked at the savings clause and came to the conclusion that “before any remedial act of construction could be employed by way of modification etc. the law must offend the constitution.”

He felt that the punishment authorized by law would not become illegal, because there was no mitigation. In the case of the individuals in the above named case, he did not think that the lack of mitigation caused the decision to hang convicted offenders to be arbitrary. He pointed to the question of the “variation of moral blameworthiness of persons convicted of murder,” raised by Lord Diplock in Ong Ah Chaun v. Public Prosecutor. (1981) AC 648. Moral blameworthiness did not make the mandatory sentence that is lawful become unlawful.

The essence of Justice Redhead’s judgment is brought out in the following comment: “We must heed Lord Wilberforce’s reminder that a constitution is a legal instrument, the language of which must be respected. If the language given by lawgivers is ignored in favour of general resort to “values”, the result is not interpretation but divination.”

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

  • FacebookComments
  • ALSO IN THE NEWS
    SVG records third homicide for 2026
    Breaking News
    SVG records third homicide for 2026
    Webmaster 
    January 17, 2026
    Two men have been identified as the victims of a fatal shooting at a bar in Belair on Friday night. They are Anil Greaves, 26, and Quinn Greaves, also...
    Measles elimination status in the United States and Mexico
    Press Release
    Measles elimination status in the United States and Mexico
    Jada 
    January 16, 2026
    Washington, D.C., 16 January 2026 (PAHO) — The Pan American Health Organization (PAHO) Regional Monitoring and Re-Verification Commission for Measles,...
    Venezuela’s Acting President: No Kneeling to US Power
    Press Release
    Venezuela’s Acting President: No Kneeling to US Power
    Jada 
    January 16, 2026
    In a powerful and unyielding address to the National Assembly this Thursday, Venezuela’s Acting President, Delcy Rodriguez, delivered a pivotal annual...
    Jamaica Launches First‑Ever Multidimensional Poverty Index with Support from the Caribbean Development Bank
    Press Release
    Jamaica Launches First‑Ever Multidimensional Poverty Index with Support from the Caribbean Development Bank
    Jada 
    January 16, 2026
    KINGSTON, Jamaica: The Caribbean Development Bank (CDB / the Bank) in collaboration with the Planning Institute of Jamaica (PIOJ) and the Oxford Pover...
    OECS–Canada Talks Spotlight Stronger Collaboration on Trade, Cybersecurity and Labour Mobility
    Press Release
    OECS–Canada Talks Spotlight Stronger Collaboration on Trade, Cybersecurity and Labour Mobility
    Jada 
    January 16, 2026
    The Organisation of Eastern Caribbean States (OECS) Commission today hosted a delegation from the High Commission for Canada at the OECS Headquarters ...
    Sanitation worker takes HIV test to prove she doesn’t have Aids
    Front Page
    Sanitation worker takes HIV test to prove she doesn’t have Aids
    Webmaster 
    January 16, 2026
    FOR THE SECOND TIME , a sanitation worker said she has taken a HIV/ Aids test to head off what she deemed as harassment by persons who claim she has H...
    News
    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...
    Man who claims he is Vincentian accosted and accused of sexual misconduct in the UK
    News
    Man who claims he is Vincentian accosted and accused of sexual misconduct in the UK
    Webmaster 
    January 16, 2026
    A Facebook page, Scotland’s Child Protection Team Awareness Page, has implicated a Vincentian man in an alleged attempt to have sexual intercourse wit...
    New Parliament Building placed on hold
    News
    New Parliament Building placed on hold
    Webmaster 
    January 16, 2026
    The New Democratic Party administration will not be proceeding with the construction of a new Parliament building. This was made clear by Attorney Gen...
    Government breaching promise with bonus – Dr. Gonsalves
    News
    Government breaching promise with bonus – Dr. Gonsalves
    Webmaster 
    January 13, 2026
    THE MONEY PROMISED to public servants as a bonus to be paid this month is a “breach of promise” says Opposition Leader Dr. Ralph Gonsalves who said la...
    Dauphine resident accused of theft
    From the Courts, News
    Dauphine resident accused of theft
    Webmaster 
    January 9, 2026
    A 44-year-old woman of Dauphine has been accused of theft and will appear in court to answer the charge. The police said in a release that on January,...

    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