Two of Jamaica’s senior Jurists have raised questions concerning minimum sentences for specific crime categories.
Chief Justice Bryan Sykes and the President of the Court of Appeal, Justice Patrick Brooks, have labeled the minimum sentence provision as problematic. Both gentlemen shared their concerns when they spoke on Friday morning, March 9, 2023, during a media forum, ‘Conversations with the Judiciary.’
The new Firearms Act stipulates a mandatory term of life imprisonment for possession of a prohibited weapon. And the Holness administration is also considering to impose stiffer mandatory sentences for capital murders.
But while the government hopes the new provisions will send a clear message to criminals, the country’s top judges are skeptical. Chief Justice Sykes invited society to consider the sentences’ fairness and proportionality.
Justice Sykes also expressed concerns about the impact of the mandatory minimum on a young person who may inadvertently come into possession of a gun or ammunition.
Justice Brooks declared that the sentences were unconstitutional, at least in some cases. And he was equally concerned about the issue of proportionality.
Still, despite their concerns, both judges declared they would apply the law as is.