Life sentence for serious crimes

MURDERS, robbers, traitors and rapists face life behind bars without the possibility of parole, probation or reduction in sentence should a revamped Criminal Procedure Bill become law.

Kawana said the Bill, which is expected to repeal the current Criminal Procedures Act of 1977, represented the most radical reform of the country’s criminal justice system in history. Besides imposing life sentences for serious crime, it sets revised new minimum sentences for other crimes.Kawana acknowledged that the justice system was failing victims of crime on issues of bail, sentencing, frequent court postponements and compensation to the victims.”Currently, the state of our lower courts is in a very sorry state mainly due to the shortage of human power and the backlog of cases,” said the Minister.A life sentence which has been defined to mean imprisonment for the rest of the natural life of the convicted person will, in terms of the proposed changes, be imposed on a person who has committed treason in circumstances that cause death, grievous bodily harm or serious damage to property.In instances of murder, the country’s stiffest sentence will be meted out if a law enforcement officer is killed in the line of duty; if the murdered person is a witness in a treason, murder, robbery, arson, fraud or money laundering trial; where the death of the victim was caused during an attempt to rape or rob; or if the offence was committed by an individual or group with a common purpose or conspiracy.If a victim was raped more than once by the accused or a co-perpetrator; by a gang; a previous offender of the same crime; someone who knows he or she is HIV positive; a child under the age of 16; a child under 18 years where the accused is a caregiver; a mentally disabled or mental ill person; or involving the use of a weapon – the perpetrator will never be set free.Robbery involving the use of a dangerous weapon and the theft of a motor vehicle will also carry the country’s maximum criminal sentence.If offences of treason, murder, robbery and rape are committed in any other circumstances a minimum sentence of 25 years will be ordered before a parole, probation or remission of sentence will be considered.”Victims of crime deserve better treatment that is the case today.There must be a fair balance between the human rights of accused persons and the human rights of victims of crime,” said Kawana.However, the Minister said, because the Justice Ministry has, over the years received the country’s smallest budget, it has been near impossible to achieve its goals and objectives.DTA leader Katuutire Kaura said the Bill was being received “like soft rain on a dry summer’s day” and requested that debate on it start on Tuesday.Besides imposing life sentences for serious crime, it sets revised new minimum sentences for other crimes.Kawana acknowledged that the justice system was failing victims of crime on issues of bail, sentencing, frequent court postponements and compensation to the victims.”Currently, the state of our lower courts is in a very sorry state mainly due to the shortage of human power and the backlog of cases,” said the Minister.A life sentence which has been defined to mean imprisonment for the rest of the natural life of the convicted person will, in terms of the proposed changes, be imposed on a person who has committed treason in circumstances that cause death, grievous bodily harm or serious damage to property.In instances of murder, the country’s stiffest sentence will be meted out if a law enforcement officer is killed in the line of duty; if the murdered person is a witness in a treason, murder, robbery, arson, fraud or money laundering trial; where the death of the victim was caused during an attempt to rape or rob; or if the offence was committed by an individual or group with a common purpose or conspiracy.If a victim was raped more than once by the accused or a co-perpetrator; by a gang; a previous offender of the same crime; someone who knows he or she is HIV positive; a child under the age of 16; a child under 18 years where the accused is a caregiver; a mentally disabled or mental ill person; or involving the use of a weapon – the perpetrator will never be set free.Robbery involving the use of a dangerous weapon and the theft of a motor vehicle will also carry the country’s maximum criminal sentence.If offences of treason, murder, robbery and rape are committed in any other circumstances a minimum sentence of 25 years will be ordered before a parole, probation or remission of sentence will be considered.”Victims of crime deserve better treatment that is the case today.There must be a fair balance between the human rights of accused persons and the human rights of victims of crime,” said Kawana.However, the Minister said, because the Justice Ministry has, over the years received the country’s smallest budget, it has been near impossible to achieve its goals and objectives.DTA leader Katuutire Kaura said the Bill was being received “like soft rain on a dry summer’s day” and requested that debate on it start on Tuesday.