Defence attorney Peter Champagnie
Defence Attorney Peter Champagnie has asserted that the mandatory minimum sentences proposed in the new Firearms Act might not find favour with the Caribbean Court of Justice (CCJ), should Jamaica join its appellate jurisdiction.
Mr. Champagnie noted that Jamaica is looking to become a republic and could make the CCJ its final court.
But he said the CCJ has already indicated it is not keen on mandatory minimum sentences.
"We made reference to a particular case in which [former CCJ president] Sir Dennis Byron indicated that in relation to statutory mandatory minimum, he observed that in relation to this, the courts should always examine such penalties with a wary eye as mandatory penalties deprive the court of an opportunity to exercise the quintessential judicial function of tailoring the punishment to fit the crime," Mr. Champagnie pointed out.
The Firearms Bill being reviewed by a joint select committee of parliament prescribes mandatory minimum penalties for a number of offences.
One such is a 15-year sentence for possession of an illegal firearm.
Mr. Champagnie has expressed concern with that penalty, noting that there is no provision for exceptions under the new Act.
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