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
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
    Mother of injured boy feels lost and depressed
    Front Page
    Mother of injured boy feels lost and depressed
    Webmaster 
    June 19, 2026
    THE MOTHER of a nine-year-old boy whose son sustained an injury at the Kingstown Preparatory School (KPS) on Wednesday October 22nd, 2025, that has le...
    Cruise Ship and Ferry Berth lease a great idea says Tourism Minister
    Front Page
    Cruise Ship and Ferry Berth lease a great idea says Tourism Minister
    Webmaster 
    June 19, 2026
    THE DECISION by the government of St Vincent and the Grenadines (SVG), to enter into a 30 year lease agreement of the Cruise Ship and Ferry Berth with...
    Strict enforcement of No Bottle policy at Park – Bailey
    Front Page
    Strict enforcement of No Bottle policy at Park – Bailey
    Webmaster 
    June 19, 2026
    DEPUTY COMMISSIONER of Police (Ag) Trevor Bailey has said there will be strict enforcement of the no bottle policy at Independence Park during VincyMa...
    ‘No Gun’ policy at Independence Park
    Front Page
    ‘No Gun’ policy at Independence Park
    Webmaster 
    June 19, 2026
    LICENSED FIREARM HOLDERS who have their firearm with them will not be allowed to enter Independence Park to patronise any of the shows, Acting Deputy ...
    Thirteen, and ‘Wild Card Pick’ in the Soca Finals this year
    Front Page
    Thirteen, and ‘Wild Card Pick’ in the Soca Finals this year
    Webmaster 
    June 19, 2026
    RATHER GREEN ON the Soca scene, his song nevertheless has been making waves, and, having won the South Leeward Soca Monarch title Kevon ‘Sick O’ Shall...
    Mirage pays tribute to ‘Becks’ as it marks 40 years in Mas
    Front Page
    Mirage pays tribute to ‘Becks’ as it marks 40 years in Mas
    Webmaster 
    June 19, 2026
    AS PREPARATIONS intensify for VincyMas 2026, Mirage Productions is combining tradition with innovation as it pays tribute to its late founder, while a...
    News
    Ragga Soca finalists tune up for big show down
    News
    Ragga Soca finalists tune up for big show down
    Webmaster 
    June 19, 2026
    ON SUNDAY, JUNE 14, 2026, the night of the Bid Bad Ragga Soca Monarch, don’t think you are seeing doubles if you see some artistes appearing on stage ...
    Teen gets suspended sentence for illegal ammunition possession
    From the Courts, News
    Teen gets suspended sentence for illegal ammunition possession
    Webmaster 
    June 19, 2026
    A TEENAGER, WHO found a bullet in the road and kept it in his house, has received a suspended sentence. Dwayne Jackson, 19, of Richland Park appeared ...
    Woman says Green Hill Programme employees still awaiting payment
    News
    Woman says Green Hill Programme employees still awaiting payment
    Webmaster 
    June 19, 2026
    AN EMPLOYEE attached to the Green Hill Mobilisation Programme is raising concerns after reportedly going without pay since April, 2026, despite repeat...
    ‘Reckless’ drivers hit with fines and suspended licenses
    From the Courts, News
    ‘Reckless’ drivers hit with fines and suspended licenses
    Webmaster 
    June 19, 2026
    THREE VAN DRIVERS who operate on the Leeward side of the mainland will have to look for another way to earn a living, at least for the next six months...
    Twenty-two named for Calypso semis-finals Fantastic Friday
    News
    Twenty-two named for Calypso semis-finals Fantastic Friday
    Webmaster 
    June 19, 2026
    SIX FEMALES ARE among the 22 calypsonians named following the preliminaries to go on to the calypso semi- finals on Fantastic Friday, June 26, 2026, a...

    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