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
    Leaders should govern for the benefit of all – GG
    Front Page
    Leaders should govern for the benefit of all – GG
    Webmaster 
    February 10, 2026
    NEWLY APPOINTED Governor General, Stanley John (KC), has called on all members of Parliament to rise to the challenge of governing the people of St Vi...
    Man to spend 9 more years in jail for wounding his mate
    Front Page
    Man to spend 9 more years in jail for wounding his mate
    Webmaster 
    February 10, 2026
    A LOWMANS BAY MAN who threatened to kill a woman with whom he was in a months-long relationship, if she left him, will spend the next nine years in pr...
    Minister to look into complaints made by prisoners
    Front Page
    Minister to look into complaints made by prisoners
    Webmaster 
    February 10, 2026
    DURING A RECENT VISIT to His Majesty’s Prison (HMP) in Belle Isle, several complaints made by prisoners are worth looking into, while it was acknowled...
    Calm Yuhself Youth Man! Urge recording Artiste, Farmer
    Front Page
    Calm Yuhself Youth Man! Urge recording Artiste, Farmer
    Webmaster 
    February 10, 2026
    by Grace Francis Reggae recording artist, producer and farmer Patrick Junior, has released a powerful song aimed at encouraging young people to turn a...
    Security Minister holds emergency meeting in response to weekend murders
    Front Page
    Security Minister holds emergency meeting in response to weekend murders
    Webmaster 
    February 10, 2026
    THIS COUNTRY’S HOMICIDE count rose to five over the weekend with the deaths of Kevin “Masicka” Richards, 25, of Montaque, Marriaqua, and Lenford “Bean...
    Family searching for man with mental health problems
    News
    Family searching for man with mental health problems
    Webmaster 
    February 10, 2026
    FAMILY MEMBERS OF Lenford Matthews, a 42-year-old man from Biabou, is asking for the public’s help in locating a member of the family with mental illn...
    News
    Family searching for man with mental health problems
    News
    Family searching for man with mental health problems
    Webmaster 
    February 10, 2026
    FAMILY MEMBERS OF Lenford Matthews, a 42-year-old man from Biabou, is asking for the public’s help in locating a member of the family with mental illn...
    Judging underway in JU-C Primary Schools Performing Arts Festival
    News
    Judging underway in JU-C Primary Schools Performing Arts Festival
    Webmaster 
    February 10, 2026
    THE Ju-C Primary Schools Performing Arts Festival (PRISPAF) 2026 is currently underway following the official launch on Monday, February 2, 2026. The ...
    Tourism Minister Kishore Shallow asks for patience
    News
    Tourism Minister Kishore Shallow asks for patience
    Webmaster 
    February 10, 2026
    MINISTER OF TOURISM, Civil Aviation and Sustainable Development, and representative for the North Leeward Constituency, Dr. Kishore Shallow, is asking...
    Carr hailed for pioneering Georgetown Special Needs School
    News
    Carr hailed for pioneering Georgetown Special Needs School
    Webmaster 
    February 10, 2026
    THE CONTRIBUTION and impact of Candice Carr, a pioneer teacher at the School for Children with Special Needs in Georgetown, was highlighted with much ...
    Marine enthusiast gets children and teens involved
    News
    Marine enthusiast gets children and teens involved
    Webmaster 
    February 10, 2026
    by GRACE FRANCIS CASSIE-ANNE LAIDLOW, the founder and owner of ‘Sightseeing With Cass’, is currently leading the ‘Sightseeing Blue Guardians’, a 10-we...

    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