Harsher Penalties Coming for Persons Committing Murder

Justice Minister, Hon. Delroy Chuck, says harsher penalties are coming for persons who commit murder.

He was opening Tuesday’s (January 16) debate in the House of Representatives on the Joint Select Committee report, which reviewed the Offences Against the Person (Amendment) Act 2023, Criminal Justice (Administration) (Amendment) Act 2023 and Child Care and Protection (Amendment) Act 2023.

Mr. Chuck noted that over the last two decades, Jamaica has recorded more than 1,000 murders per year.

“For a small country like Jamaica, not only is it excessive, but it is something that every single Jamaican must be, not only aware of but must do and play their part to see how we can reduce this level of killings within the Jamaican society,” he stated.

“We as a Parliament must do everything in our powers to see how we can control the behaviour of our people, to reduce murders to [a] tolerable level,” the Minister added.

Mr. Chuck said while the proposed amendments by themselves cannot solve the problems, the penalties are intended to send a signal to those who take a life or those who contemplate this that “if they do and they are caught and apprehended, that they will remain in custody for a very, very long time”.

Regarding the penalties, he noted that for capital murder, the current sentence is either death or life imprisonment without parole.

Mr. Chuck emphasised that if a life sentence is imposed, the convicted killer must serve at least 20 years before becoming eligible for parole.

“The recommendation from the Joint Select Committee is that the sentence for the capital murder should remain death or life imprisonment. But if life imprisonment is imposed, that the sentence should be a minimum 50 years before consideration for parole,” he stated.

For non-capital murder, the current penalty is life imprisonment or a fixed term of imprisonment.

Where a life sentence is imposed, the offender must serve at least 15 years before consideration for parole.

For a fixed term, the offender must serve at least 10 years before eligibility for parole.

“The consensus and the proposal from the Joint Select Committee is that [for] life sentence, if it is imposed for non-capital murder, the convicted killer must serve at least 40 years before being eligible for parole. If a fixed term of imprisonment is imposed, it must not be less than 30 years, but they must serve at least 20 years before becoming eligible for parole,” the Minister said.

Mr. Chuck noted that there are many cases, especially of domestic murders, where the killing may be a spur of the moment occurrence and that person may regret it after.

“In those cases, oftentimes they plead and are prepared to plead guilty. These sentences do not necessarily apply, they are guides. So, once they plead guilty, they can negotiate under the [Criminal Justice (Plea and Negotiations) Act] an appropriate sentence. But in negotiating appropriate sentence, the victims, families, and friends must be considered,” the Minister added.

Mr. Chuck informed that the Joint Select Committee expressed concerns regarding the sentencing of children who commit murder.

“First, [for] children under 14 years, we are not troubling it; they cannot be sentenced beyond what is provided for in the present law. But [for] children 14 to 17, the present law is that they can be sentenced like an adult,” he stated.

“We have determined that for capital murder, a child 14 to 17 can’t be sentenced to death, but could be sentenced to life imprisonment or a fixed term of 50 years. They must serve at least 20 years before they are considered for parole,” the Minister added.

He also informed that where a child, 14 to 17 years, has committed non-capital murder, they can be sentenced to a term of not less than 30 years, and must serve at least 15 years before being considered for parole.

Mr. Chuck said the Committee spent significant time determining whether children should in fact receive these sentences.

“But the truth of the matter is these children, 14 to 17, are committing some serious crimes and they’re killing similar children of a similar age, and even adults. The question is, if this Parliament fails to send the signal that these children should have a harsh penalty, if we fail to do that… the families of the victims will feel they got no justice… [and] they may well find ways and means to retaliate,” he added.