bahamiangoddess
05-23-08, - 02:32 PM
No review of sentences for 3 murder convicts
By ARTESIA DAVIS, NG Senior Reporter, artesia@nasguard.com
Three murder convicts won't have their sentences reviewed by the Court of Appeal because of a procedural misstep by the Attorney General's Office.
Convicts James Dean, Nikita Hamilton and Michelle Woodside were re-sentenced last year to comply with a 2006 Privy Council decision that found that the mandatory death penalty in murder cases was unconstitutional.
Dean received an additional three years and Hamilton and Woodside were both given five-year sentences during hearings held by Supreme Court Justice Jon Isaacs.
The Crown challenged those sentences on the grounds that they were "unduly lenient" given the nature of the crimes. However, the Attorney General's Office failed to serve notices of appeal on the convicts eight months after their new sentences were passed. And the Court of Appeal yesterday refused to adjourn the hearings to allow the Crown to serve those notices in compliance with the court's rules as requested by Garvin Gaskins, a senior counsel in the Attorney General's Office.
This means that the sentences imposed by Justice Isaacs will not be changed. However, Justice of Appeal Milton Ganpatsingh said that the appellate court was "troubled and concerned by the approach to sentencing by the court below in these matters."
Justice Ganpatsingh continued, "Not only was there disparity in sentencing, but egregious errors in principle in the judge's approach to sentencing in these matters."
He said that the panel, which included Court of Appeal President Dame Joan Sawyer and Justice of Appeal Emmanuel Osadebay, would give its decision in writing.
Hamilton was found guilty of the April 30, 1988 murder of David Cleare, 75. He was beaten in the head during an armed robbery in South Beach.
Woodside was convicted of the murder of Catholic Nun Sister Claire Haas. She bashed in Sister Haas' head with a stone and slashed her throat after she was confronted about missing money.
The details of Dean's conviction were not available up to press time.
By ARTESIA DAVIS, NG Senior Reporter, artesia@nasguard.com
Three murder convicts won't have their sentences reviewed by the Court of Appeal because of a procedural misstep by the Attorney General's Office.
Convicts James Dean, Nikita Hamilton and Michelle Woodside were re-sentenced last year to comply with a 2006 Privy Council decision that found that the mandatory death penalty in murder cases was unconstitutional.
Dean received an additional three years and Hamilton and Woodside were both given five-year sentences during hearings held by Supreme Court Justice Jon Isaacs.
The Crown challenged those sentences on the grounds that they were "unduly lenient" given the nature of the crimes. However, the Attorney General's Office failed to serve notices of appeal on the convicts eight months after their new sentences were passed. And the Court of Appeal yesterday refused to adjourn the hearings to allow the Crown to serve those notices in compliance with the court's rules as requested by Garvin Gaskins, a senior counsel in the Attorney General's Office.
This means that the sentences imposed by Justice Isaacs will not be changed. However, Justice of Appeal Milton Ganpatsingh said that the appellate court was "troubled and concerned by the approach to sentencing by the court below in these matters."
Justice Ganpatsingh continued, "Not only was there disparity in sentencing, but egregious errors in principle in the judge's approach to sentencing in these matters."
He said that the panel, which included Court of Appeal President Dame Joan Sawyer and Justice of Appeal Emmanuel Osadebay, would give its decision in writing.
Hamilton was found guilty of the April 30, 1988 murder of David Cleare, 75. He was beaten in the head during an armed robbery in South Beach.
Woodside was convicted of the murder of Catholic Nun Sister Claire Haas. She bashed in Sister Haas' head with a stone and slashed her throat after she was confronted about missing money.
The details of Dean's conviction were not available up to press time.