Judges are bound by sentencing guidelines

The EDITOR, Madam:

I write this letter in reference to the article ‘Justice system let us down’, which was published in The Gleaner on December 21.

I wish to provide the family some solace in the tragic death of their son due to crime, and following on the Court of Appeal’s decision on Tuesday to reduce the prison term of the killer of their son by 11 years.

I am the parent of two grown sons, and I cannot imagine how I would cope with grief after the sudden death of any of my sons due to someone killing him.

However, judges of the Supreme and parish courts are bound by the legislation of sentencing guidelines to assist them in imposing sentences.

I am sorry, but in the case of the judge that imposed the sentence, and based upon the guidelines and the fact that the killer had no prior criminal record, the judge is compelled by the guidelines to use mitigating factors to help decide the killer’s prison term.

Mitigating factors include possibility for the criminal to reform, as well as mental retardation that contributed to the criminal behaviour, among others factors.

CARGILL KELLY