Antigua and Barbuda plans minimum sentences for serious gun and sexual offences

Antigua & Barbuda: Prime Minister Gaston Browne has announced that the Government is going to take new sentencing measures to Parliament that would introduce minimum penalties for serious firearm and sexual offences and would also increase maximum prison terms for certain crimes.

PM Browne made this announcement during the latest Browne and Browne Show, he said that the changes aim to ensure that the people who are convicted of serious offences spend longer periods in prison.

“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.

The proposed measures will focus on serious gun crimes, sexual offences and cases involving repeat offenders. The proposed system would allow courts to depart from the statutory minimum where exceptional or extenuating circumstances are established.

Browne has also backed a proposal by Minister of Social and Urban Transformation Rawdon Turner to introduce sentences ranging from 15 years to life imprisonment for the most serious crimes which involve children and firearms.

The proposal includes offences such as child rape, serious sexual assault, shooting, wounding and armed robbery involving firearms. Browne also said that he agrees with the proposal in principle but he believes that the judges should be able to consider exceptional circumstances when deciding a sentence.

The Government is also considering a 10-year minimum for some offences. Browne gave an example of the rape of a child and said that a judge who decides to impose a sentence below the minimum would have to explain the reason for doing so. He said that no final minimum sentence had been approved yet.

The proposed changes come as Browne continues to raise concerns about sentences given to repeat offenders and people convicted of serious gun crimes. Earlier this month, he also pointed out that existing legislation allows sentences of up to 15 years for certain firearm offences, while questioning whether shorter prison terms provide enough deterrence.

A dispute has been caused over the relationship between the Government and the judiciary because of this issue. Caribbean Heads of Judiciary has recently criticised Browne’s comments on sentencing. They said that the comments raised concerns about judicial independence and separation of powers. PM Browne has rejected that criticism and has proposed an independent review of sentencing for firearms and other serious offences.