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
    Slater traduced on social media, attacked at home
    Front Page
    Slater traduced on social media, attacked at home
    Webmaster 
    May 8, 2026
    Acting head of the Agency for Public Information (API) Nadia Slater, who was beaten at her home during a period where she was being traduced on social...
    Nurse gains her PhD, sets her eyes on more
    Front Page
    Nurse gains her PhD, sets her eyes on more
    Webmaster 
    May 8, 2026
    Driven to achieve academically, Samantha Burnett- Harry, a lecturer at the Division of Nursing Education, who recently obtained a PhD in Nursing, stil...
    Gov’t proceeding with development bank despite caution from IMF
    Front Page
    Gov’t proceeding with development bank despite caution from IMF
    Webmaster 
    May 8, 2026
    Government plans to move forward with its general elections campaign promise of establishing a National Development Bank, stressing that if properly m...
    Lawyer hints at legal action against Commissioner
    Front Page
    Lawyer hints at legal action against Commissioner
    Webmaster 
    May 8, 2026
    Lawyer, Grant Connell has hinted at the possibility of pursuing legal action against Commissioner of Police (COP) Enville Williams regarding statement...
    North Leeward Carnival launch set for Saturday
    Front Page
    North Leeward Carnival launch set for Saturday
    Webmaster 
    May 8, 2026
    North Leeward kicks off its 2026 Carnival programme on Saturday, May 9 at the Chateaubelair Park from 1:00 p.m in the form of a Launch and Night of Cu...
    Vincentian Educator Among Top Three US Principals
    Front Page
    Vincentian Educator Among Top Three US Principals
    Webmaster 
    May 8, 2026
    A Vincentian educator who began her teaching career at the then Kingstown Methodist School has been recognised among the top middle school principals ...
    News
    Government to soon unveil ‘Love SVG’ initiative
    News
    Government to soon unveil ‘Love SVG’ initiative
    Webmaster 
    May 8, 2026
    Minister of Tourism, Civil Aviation, and Sustainable Development, Kishore Shallow, announced that a new initiative titled “Love SVG” will soon be impl...
    SVG Government to tackle  property tax non-payments
    News
    SVG Government to tackle property tax non-payments
    Webmaster 
    May 8, 2026
    Modernizing and reforming the tax system of St Vincent and the Grenadines (SVG) is one of the areas that the months-old Dr. Godwin Friday administrati...
    New man at the helm as Coordinator of Sports and Physical Activities
    News
    New man at the helm as Coordinator of Sports and Physical Activities
    Webmaster 
    May 8, 2026
    A new co-ordinator of sports and physical activities has been appointed in St Vincent and the Grenadines under the remit of the Ministry of Youth, Spo...
    Troumaca Bottom Beach targeted for recreational development
    From the Courts, News
    Troumaca Bottom Beach targeted for recreational development
    Webmaster 
    May 8, 2026
    The Troumaca Bottom Beach, located in North Leeward, is set to undergo major transformation as part of the World Bank funded “Unleashing the Blue Econ...
    Vincentian-based in  Holland pays fine, avoids jail on marijuana charges
    From the Courts, News
    Vincentian-based in Holland pays fine, avoids jail on marijuana charges
    Webmaster 
    May 8, 2026
    A senior citizen of Barrouallie who is based in the United Kingdom (UK), was fined for illegally possessing, trafficking and exporting cannabis after ...

    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