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MPs approve giving judges more power in sentencing murderers

The House of Assembly has passed legislation to give judges greater flexibility to sentence murderers.

The Criminal Code Amendment Act 2014, if approved by the Senate and Government House, would end the 25-year cap on minimum sentences for convicted killers.

It would also remove “premeditated murder” as an offence — however Attorney General Mark Pettingill explained that premeditation would remain a factor to be considered by the sentencing judge following a murder conviction.

“The judge would be able to look at the individual facts and circumstances of the case,” Mr Pettingill said. “If it’s premeditated, the court is going to find it more heinous and demand a steeper sentence.”

The amendments came as a result of a ruling by London’s Privy Council last year in the cases of Ze Selassie and Jermaine Pearman.

Selassie had been ordered to serve 28 years of his life sentence for the premeditated murder of 14-year-old Rhiana Moore before becoming eligible for parole, while Pearman was ordered to serve a minimum of 21 years for the murder of 23-year-old Shakeya DeRoza.

The Privy Council however ruled that the minimum sentences in both cases were unlawful.

It found that, under Bermuda law, minimum sentences for premeditated murder could not exceed 25 years while minimum sentences for “simple” murder should not go beyond 15 years.

Introducing the new legislation, Mr Pettingill said the ruling of the Privy Council has impacted the sentences of several other killers and sparked public outcry.

He told the House the amendments remove the existing limitations on minimum sentences for murder, granting judges greater freedom in determining an appropriate sentence.

Mr Pettingill noted that the legislation also increases the penalties for those convicted of unlawful gang activities by creating a tiered sentencing regime.

Shadow Attorney General Kim Wilson commended the Government for bringing the legislation to the House and doing so quickly. She was later joined by Minister for National Security Michael Dunkley.