The Jamaica government has signalled its intention to support legislation increasing the penalty for crime criticising law makers whom it says are too soft on the sentencing of people who commit murder, including children aged 14 to 17.
“There are, before us, amendments to legislation, which will increase penalties for such criminal terrorists… . I urge the house to pass these amendments forthwith before the year is out,” Prime Minister Andrew Holness told legislators as he condemned the “brutal” murder of three people in Salt Spring, including two children on Monday.
The children have been identified as seven-year-old Justin Perry and nine-year-old Nahcoliva Smith, both students, and Tevin Hayle, otherwise called “Bancel”, 26.
In Parliament on Tuesday, Prime Minister Holness described the killing as “barbaric”, urging legislators to stand in condemnation of the act.
“It is important that each time that this happens we declare and reinforce that our nation does not stand for this,” he said, noting that the information coming from the police is that the incident arose from a gang feud.
Holness said gangs were using high-powered weapons indiscriminately in a public space “with what can only be assumed to be the intention to create fear and panic in the country, to create outside of the locality of the event, a national fear”.
“In my opinion, it is the equivalent of a terrorist act and these criminals ought to be described and treated in that form. The Government has to take action; it cannot be ambivalent or equivocal in this matter,” he said, adding that directives have been given to the Minister of National Security and the Minister of Justice to bring the necessary amendments to the Firearms Act to ensure that there is no ambiguity or lack of clarity in the application of the penalties recommended.
“There would appear that further review of the Bill would be necessary to align penalties and to ensure that the strongest unequivocal signals are sent to the criminal elements, particularly those who use dangerous weapons, illegal weapons such as high-powered guns indiscriminately and kill our children, that they will face the severest penalty applicable under the law,” Holness said.
He said that the recently passed Bail Act is expected to have a deterrent impact on crime in the country and called on residents of Salt Spring and adjoining communities, who may have information about the whereabouts of the criminals involved in Monday’s incident, to pass it on to the police.
“We will give them the necessary powers and authority to carry out their duties within our Constitution, with respect for human rights and the dignity of the people of the area. I want to give the assurance t said.
Opposition Leader Mark Golding in condeming the killings said “each time we rise to speak on a subject like this, one has to wonder when it will be the last time we have to do so.
“I join in the sentiments that have been expressed condemning, in the most profound terms, the acts of extreme violence, the depravity in which those two young Jamaicans… lost their lives,” Golding said.
Meanwhile, Education and Youth Minister, Fayval Williams, said that while grief counsellors have been sent to Chetwood Memorial Primary School, which both boys attended, she was also ebing critical of lawmakers for being too soft on the sentencing of people who commit murder, including children aged 14 to 17.
Williams made this admonishment as she voiced her disagreement with the majority of legislators who have accepted the proposal that children convicted of capital murder should serve a mandatory minimum sentence of 20 years in prison before becoming eligible for parole.
She is of the view that this sentence is too lenient and should be moved to 30 years, arguing that at the ages of 14 to 17, the child is “on the doorsteps of being an adult [and should know] right from wrong”.
This matter of minimum sentencing for children falls under the Child Care and Protection (Amendment) Act, and Williams told the joint select committee that while the figures for children in the age range of 14 to 17 who commit capital murder may seem like a small percentage, “remember, it’s what it is today; we don’t know five years, 10 years down the line what it will be and we continue to be very soft in our sentencing of people who have committed heinous crimes.
“You cannot imagine the pain of the parent who lost her daughter because the child in this age range brought an implement to school, stabbed her and killed her. And we’re sitting here being really, really soft and not sending the strong message that we are not going to tolerate crime in this country,” she said.
But In response, chairman of the committee, Delroy Chuck, said the committee has agreed that the sentence for capital murder for children can be life imprisonment or 50 years.
“That person may well never see road again. If they get life or 50 years, they may not see road again until they’re 64 if they get life,” he said.