Senate gives nod to mandatory minimum sentences for murder

A proposal by Opposition Senator Professor Floyd Morris for harsher penalties to be crafted in law for persons who commit heinous crimes against the elderly and disabled was not accepted yesterday by the Government during a debate on three bills to impose mandatory minimum sentences for murder.

Morris’ suggestion came against the background of amendments to three pieces of legislation in the Senate on Friday to, among other things, impose tougher penalties on persons who commit serious crimes against children.

Leader of Government Business in the Senate Kamina Johnson Smith said while she supported the recommendation made by Morris, it could not fit within the scheme that has been put forward for children in the bills.

She indicated that the suggestion was part of measures being considered by the administration for future implementation.

The opposition senator wanted the Government to insert a provision that would have the effect of imposing more serious punishment on those who carry out detestable crimes against the elderly and disabled.

During Friday’s debate in the Upper House, the three bills received the nod from lawmakers. They are the Offences Against the Person (Amendment) Act, the Criminal Justice Administration (Amendment) Act and the Child Care Protection (Amendment) Act.

The bills amend their principal legislations to increase the mandatory minimum penalties for murder and to increase the minimum periods that must be served before an offender is eligible for parole. They also provide for adjustments to the term of life imprisonment to 50 years where the offence is murder.

Johnson Smith said where a child is a victim of a murder it should be treated even more seriously by the courts, with the offender facing additional time in prison.

She said this is intended to give voice to the anger felt by society when children are murdered.

“We feel strongly that this legislature must send a signal to the society and more particularly to the criminals that we hold this crime of murder in the highest level of revulsion,” Johnson Smith added.

NOT IN SUPPORT

While members of the parliamentary Opposition hold varying positions on mandatory minimum sentencing, Senator Lambert Brown declared yesterday that he could not support such a measure.

“I am not a supporter of mandatory sentencing because circumstances alter cases,” said Brown, who noted that this was his personal view.

Noting that “mistakes are made”, Brown said the name Alando Gray should be familiar to lawmakers. He noted that Gray was placed on the Jamaica Constabulary Force’s most wanted list for murder but the young man was innocent.

Brown called for the minister of national security and the commissioner of police to tender a direct apology to Gray for what was done to him, his reputation and his family.

“Up to last night (Thursday) Mr Gray had said on a programme elsewhere that nobody in the Police High Command nor in the political directorate – the minister – had reached out to him and apologised,” he said.

He said the publication of Gray’s photo could have led to his death.

“I am not rushing because it might be popular to put on the toughest of penalties. I believe mistakes can happen, and I believe our judges are sufficiently sensitised to do the right thing.”

The police tendered a written apology to Gray.

Commenting on mandatory sentences, Government Senator Sherine Golding Campbell said if a court feels that a sentence is unduly harsh, the convicted person can apply to the court and obtain a certificate that gives them leave to make an appeal. She said an appellate court can consider a reduction of that sentence.

In his contribution to the debate, Senator Peter Bunting, leader of opposition business, said the Opposition does not have a blanket objection to mandatory minimums.

He said in cases where there are repeat violent offenders, gang leaders and sexual predators, strong consistent sentences serve the interest of justice and public safety.

However, Bunting recommended that going forward the legislature should consider the establishment of an independent sentencing commission. He said this body could guide Parliament and policymakers with evidence-based recommendations and to ensure that the country’s laws keep pace with fairness, proportionality and modern penal philosophy.

“It can examine safety valve provisions enabling judges to depart from the mandatory minimum where the offender played a minor role, acted under duress or shows clear potential for rehabilitation.”

Government Senator Abka Fitz Henley said he had always been of the view that Jamaica should send a strong and emphatic message to criminals that the country condemns the taking of life unlawfully and in premeditated circumstances.

“Criminals must know that not only will they be caught but the consequences will be sure and far-reaching,” he said.

editorial@gleanerjm.com