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Archive Written by  aka Thursday, 13 March 2014 22:30 font size decrease font size increase font size 0
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Now that Kartel has been found guilty of murder, thoughts turn to the possible punishment as allowed under the law for non-capital murder as is usual in a case of murder by common design.Because of the nature of the crime, Kartel's case will not be deemed to be one of capital murder which carries a death sentence of hanging. Following appeals to the Court of Appeal, Kartel's conviction for non-capital murder could be quashed and the sentence of life imprisonment set aside. A conviction for manslaughter may be substituted and he could be sentenced to 20 years' imprisonment at hard labour.

Hanging is not likely to resume in Jamaica based on a 2010 United Kingdom Privy Council ruling. The death penalty should be imposed only in cases which, on the facts of the offence, are "the most extreme and exceptional", "the worst of the worst", or "the rarest of the rare".
In 2009, a five-member panel of the local Court of Appeal to consider whether the death penalty should be imposed in the case of a Peter Dougal who shot and killed a couple while they slept, the 2005 murder of former President of the Jamaica Gasoline Retailers Association, Lloyd G. Brown, and his companion Sandra Campbell.
Peter Dougal’s life was spared, but from the reasons given in the majority decision, hanging is not likely to resume in Jamaica based on a 2010 United Kingdom Privy Council ruling.
Although the majority of Jamaicans are for the resumption of hanging, which has not taken place since 1988, the Privy Council in the Trimmingham case has in effect "closed the door" to the death penalty, because it is not likely that the murder cases meet the standards set by the Privy Council.

The Privy Council said further that the second principle is that there must be no reasonable prospect of reform of the offender, and that the object of punishment could not be achieved by any means other than the ultimate sentence of death. It also said that “the character of the offender and any other relevant circumstances are to be taken into account in so far as they may operate in his favour by way of mitigation and are not to weigh in the scales against him. Before it imposes a sentence of death, the court must be properly satisfied that these two criteria have been fulfilled”.
Read 1969 times Last modified on Thursday, 13 March 2014 22:54

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