Latest update January 7th, 2025 2:15 AM
Judge explains his “new” sentencing method
– death penalty not mandatory
By Latoya Giles
One High Court Judge says that although the death penalty is the maximum sentence, it is not mandatory and as such he has developed a new sentencing scheme. Justice Navindra Singh, who spoke to Kaieteur News yesterday, explained that last December, he made a ruling stating basically that he did not think that the death penalty was mandatory.
Justice Navindra Singh
“It’s the maximum sentence so therefore there is the discretion if I want to go with it.” He explained that he worked out from various sentencing schemes a base, then goes to the aggravating factors. Justice Singh explained that if they are mitigating factors it would be subtracted. That’s how he comes up with the sentence.
“It’s a long list I made up of various aggravating factors which I find the most common, and based on the North American and British sentencing schemes I try to set out ( a duration) that is applicable to this society,” Justice Singh explained.
The judge went on to state that one reason why he does not institute the death penalty; is that there has not been an execution in Guyana for the past 16 years.
Justice Singh told Kaieteur News that he believes that the purpose of the death penalty is that if the person is found guilty it means that the person is dangerous to society. He said that if there is no execution the person would be on Death Row which could lead to their sentence being commuted to life imprisonment as what has happened already.
He said that once the sentences are commuted there is a great likelihood that the person could be released at some point in time. Justice Singh said that he believes that is contrary to the concept that the legislators wanted. Against this backdrop he said that’s how he has worked out his method.
Touching briefly on Tyrone Rowe, also known as Cobra, Singh said he had a serious aggravating factor that is, a person died while he was committing a robbery. Justice Singh explained that another aggravating factor was that he had a gun and also he is serving time on two robbery under arms sentences.
He said that even if some people think it is high (the sentence) it is nowhere close to what North America would do. He noted that although his ruling last year has been appealed, he will continue to use his method for sentencing.
In an invited comment, Attorney General Anil Nandall explained that by virtue of an amendment during the ninth Parliament of Guyana, the death penalty legislation was modified to a degree that not every murder accused is liable to receive the death penalty.
“In accordance with the legislative amendments there are certain categories of murders which will retain the death penalty. One would be the murder of law enforcement officers and there are others… Besides those stipulated categories, the judge holds the power to impose a sentence other than the death penalty”
When asked if the opportunity exists for parole after the handing down of such a sentence, the Attorney General said that parole is a matter for the prison. “After sentencing the judiciary no longer has any role to play.” Nandlall said.
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