Prime Minister Gaston Browne has thrown his support behind a proposal to impose minimum 15-year prison terms for some of Antigua and Barbuda’s most serious sexual and firearm offences, while maintaining that judges should have limited discretion in exceptional cases.
The proposal calls for sentences ranging from at least 15 years to life imprisonment for offences including child rape, serious sexual assault, shootings, woundings, armed robbery and other aggravated crimes involving firearms.
Browne said he agrees “in principle” that Parliament should establish a firm sentencing threshold for such offences to ensure punishments better reflect their severity.
However, he cautioned against legislation that would completely restrict judges from considering the individual circumstances of a case.
“Discretion is always necessary for the fair dispensation of justice because it is the member of the judiciary who will have the facts and can make that determination,” Browne said.
According to the Prime Minister, the concern is not that judges have discretion, but whether that authority is sometimes exercised in ways that could weaken public confidence and undermine public safety.
Browne also revealed that a member of the judiciary directed his attention to a Canadian legal model under which lawmakers could establish a presumptive minimum sentence while allowing courts to impose a lesser penalty in exceptional circumstances.
He said such an approach could help the Government craft “nuanced language” that establishes tougher sentencing standards without running afoul of constitutional protections.
Browne maintained that sentences for heinous crimes must send an unmistakable message about the seriousness with which Parliament views sexual offences against children and violent crimes involving firearms.
This article was originally published by Antigua News Room. Read the original article here: PM Browne Backs 15-Year Minimum Sentences for Child Sex and Serious Gun Crimes.

