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by Rollins Howard
Recent reports in the local printed news media noted that a father in Antigua had been found guilty of raping his eleven-year-old daughter at least three times, accompanied by threats to her life and limb, and had been sentenced to three concurrent thirty year terms
in prison.
In light of his guilty plea, however, Justice John “afforded him the customary one-third reduction” and he eventually ended up with a sentence of 18 years.
This event brought to mind the comments of Mr Alliston Seale, the Deputy Director of Public Prosecutions, in the Sunday Sun of December 6th, 2020 under the headline “Mockery!”
Mr Seale expressed disgust at the current practice of convicted felons getting “three months shaved off each year (of their sentences) regardless of whether they behave well or curse prison officers”.
For as long as I can remember I had always heard that ‘a prison year is nine months’ so I did not regard it as any secret, in fact with my limited knowledge of legal matters I had thought that it was some peculiarity of the judicial system.
What I had also thought was that the discount was conditional on his good behaviour during his enforced sojourn or some report indicating that there was some merit for the application of the discount, but apparently such is not the case.
I had also heard from my same uninformed sources that if one wanted a felon to serve the full time allotted by the Magistrate or Judge the sentence should be handed down in terms of months as opposed to years; thus twenty-four months meant exactly that, and not two
years minus six months.
I do not know if such is the case but it is what I had heard.
What is definitely a fact and with which I have great concerns (unless it is also another peculiarity of the judicial system) is the reduction of prison sentences by one third on reception of a guilty plea. This seems to me to be almost as bad as the nine month year (to which I hope it is not also subject, since that would be giving the convicted felon two bites at the cherry).
From following the proceedings in the criminal courts, it seems quite apparent that many of those charged with crimes are more au fait with the Law and the nuances of the legal system than several of those who have been called legitimately to the Bar.
I have repeatedly said that our judicial system (for which I have a very healthy respect) is very soft on crime and the criminals know their way around it and exploit it to their fullest advantage.
Law-abiding citizens ought to be able not only to believe but also et the feeling that the judicial system protects them whilst at the same time ensuring that those who flout the Law do not get away with impunity.
