JAMAICA. PARLIAMENT ALLOWS DEATH PENALTY FOR MURDERS ASSOCIATED WITH BURGLARY
amendments to the Offences Against the Person Act, allowing for the application of the death penalty for murders associated with burglary, were passed in Jamaica’s Upper House.
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amendments to the Offences Against the Person Act, allowing for the application of the death penalty for murders associated with burglary, were passed in Jamaica’s Upper House.
Justice Minister Senator A.J. Nicholson, who piloted the bill, said the amendments were in response to the 2005 Privy Council ruling in the Evon Smith case of July 2000.
"The purpose of this amended legislation is to nullify the effect of that decision although, of course, the ruling itself, so far as the Appellant Smith is concerned, will not be affected," he said. Evon Smith, a Jamaican, was given the death penalty after he broke into his girlfriend's house and murdered her. The UK-based Privy Council subsequently overturned the court ruling. But Nicholson said that the Privy Council in its interpretation erred.
"In this case, we are fully satisfied that such legislation is required in order to restore the intention of this Parliament when the regional legislation was passed," he said. "There is no doubt that Parliament intended, when providing for categories of murder that would attract the death penalty, to include murder associated with house breaking and burglary."
Justice Minister Senator A.J. Nicholson, who piloted the bill, said the amendments were in response to the 2005 Privy Council ruling in the Evon Smith case of July 2000.
"The purpose of this amended legislation is to nullify the effect of that decision although, of course, the ruling itself, so far as the Appellant Smith is concerned, will not be affected," he said. Evon Smith, a Jamaican, was given the death penalty after he broke into his girlfriend's house and murdered her. The UK-based Privy Council subsequently overturned the court ruling. But Nicholson said that the Privy Council in its interpretation erred.
"In this case, we are fully satisfied that such legislation is required in order to restore the intention of this Parliament when the regional legislation was passed," he said. "There is no doubt that Parliament intended, when providing for categories of murder that would attract the death penalty, to include murder associated with house breaking and burglary."
— SOURCES
- (Sources: www.jamaica-gleaner.com, 19/03/2006)
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