Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • 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
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • 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
    Former NDP Gov’t minister passes
    Front Page
    Former NDP Gov’t minister passes
    Webmaster 
    August 21, 2026
    This country has lost another former Member of Parliament with the death on Tuesday morning of Alpian Allen, who represented the constituency of North...
    New ACP Brenton Smith set to tackle  gun violence in SVG
    Front Page
    New ACP Brenton Smith set to tackle gun violence in SVG
    Webmaster 
    August 21, 2026
    ACTING Commissioner of Police Trevor Bailey, said newly promoted Deputy Commissioner Acting Brenton Smith, has been assigned to take strategic command...
    New Democratic Party confirms shift in stance on one-China policy
    Front Page
    New Democratic Party confirms shift in stance on one-China policy
    Webmaster 
    August 21, 2026
    Prime Minister Godwin Friday, has publicly reaffirmed the unwavering commitment of St Vincent and the Grenadines(SVG), to Taiwan with whom it is this ...
    Daughter of Vincentian mother heading to UK ‘Magic Circle’ law firm
    Front Page
    Daughter of Vincentian mother heading to UK ‘Magic Circle’ law firm
    Webmaster 
    August 21, 2026
    by Grace Francis A Vincentian mother who spent 10 years serving in the Royal Navy is celebrating the academic achievements of her daughter, Destiny Ro...
    Deputy CDC Chair promises “changes will come” for VincyMas
    Front Page
    Deputy CDC Chair promises “changes will come” for VincyMas
    Webmaster 
    August 21, 2026
    As the Carnival Development Corporation (CDC) kicks off its promotional campaign leading to the celebration of 50 years of the change over of carnival...
    Gun-Surrender Claim Fails: Chief Magistrate Jails Armed Man
    Front Page
    Gun-Surrender Claim Fails: Chief Magistrate Jails Armed Man
    Webmaster 
    August 21, 2026
    Lawyer Grant Connell has concluded that his Majesty’s Prison (HMP) has now become like the Red Cross, as some people want to go there to get free room...
    News
    AIA starts process towards certification
    News
    AIA starts process towards certification
    Webmaster 
    August 21, 2026
    Fixing the issues at St Vincent and the Grenadines’ (SVG), various airports is high on the agenda of the current administration and one thing that is ...
    Opposition Senator expresses serious concern about “brazen” gun crimes
    News
    Opposition Senator expresses serious concern about “brazen” gun crimes
    Webmaster 
    August 21, 2026
    Opposition Senator Carlos James says the increasing frequency of gun-related incidents and homicides in St Vincent and the Grenadines (SVG) is a serio...
    Cashier alleged to have stolen cash from 79-year-old, granted bail
    From the Courts, News
    Cashier alleged to have stolen cash from 79-year-old, granted bail
    Webmaster 
    August 21, 2026
    A cashier who is alleged to have stolen almost $70-thousand from a senior citizen over a span of several weeks in 2023 and 2024 pleaded not guilty whe...
    Vincentian Bishop Ishmael Charles elected Assistant Director of World Missions- Church of God
    News
    Vincentian Bishop Ishmael Charles elected Assistant Director of World Missions- Church of God
    Webmaster 
    August 18, 2026
    BISHOP ISHMAEL PRINCE CHARLES of St.Vincent and the Grenadines (SVG), was elected Assistant Director of World Missions at the Church of God’s 80th Int...
    Journey VincyMas 2027: Road to 50 launched in New York
    News
    Journey VincyMas 2027: Road to 50 launched in New York
    Webmaster 
    August 18, 2026
    THE CARNIVAL DEVELOPMENT Corporation (CDC) last Friday, August 14, 2026, blasted off their promotional campaign, “VincyMas 2027 Road to 50,” in the US...

    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