AG hopes stiffer sentences stems violence
Cabinet has approved plans to increase "inadequate" sentences for gun and gang crimes such as attempted murder, wounding with intent, rioting and intimidating witnesses.
Attorney General Kim Wilson hopes stiffer sentences will help stem the rising tide of violence and encourage witnesses to testify in court. At present, the current maximum sentence for wounding with intent to do grievous bodily harm (GBH) is ten years, but the plan is to increase it to 20.
Sen. Wilson said: "This penalty is grossly inadequate given the sometimes abhorrent acts charged under the section."
She cited as an example the 2004 case where four men were convicted of beating, burning, maiming and disfiguring a man they kept trapped in a cellar for hours. They were handed sentences of between four and seven years each.
Sen. Wilson said the current 20-year maximum sentence for attempted murder is similarly inadequate. It would be replaced by a maximum of a life sentence, where the judge has discretion to say how long must be served.
"This [current] sentence is too low given the intention to kill. Furthermore if someone is sentenced to 20 years, they can have parole after only serving five years," she said.
Stiffer penalties have also been agreed for attempting to pervert the course of justice through intimidating witnesses. The current maximum punishment is a year in jail. In future, it would be a proportion of the sentence meted out for the main crime the person has been convicted of. Sen. Wilson hopes a more robust punishment will act as a deterrent while reassuring witnesses and jurors who are fearful of coming to court.
"A person facing a possible sentence of 20 years' imprisonment for attempted murder is unlikely to be deterred by a sentence of 12 months' imprisonment for attempting to get the victim to drop the charges," she said.
"But if such an offence was punishable by an equivalent 20-year sentence, the deterrence is much greater."
Even if the person is acquitted of the main charge, the maximum sentences for attempting to pervert the course of justice would still be longer.
It is also planned to increase the punishments for rioting and affray which means taking part in a fight in a public place from 12 months to five years as the maximum penalties in Magistrates' Court.
Rioters dealt with in Supreme Court could face a maximum of ten years, in comparison to the current limit of two.
A number of cases involving large-scale fights have hit the headlines in recent months, including a mob attack in Hamilton Parish involving up to 50 armed men.
Seven were charged, and three convicted of wounding with intent to do GBH.
Seven men were also charged with participating in a mass brawl involving up to 100 men armed with weapons in St. David's. Prosecutors said the participants were members of rival Pembroke gangs.
However, all seven walked free. The Magistrate ruled that allegations four of the accused shouted threats and made agitated gestures at others involved in the fight was not evidence of riotous behaviour. The Crown dropped charges against the other three, saying it had no evidence to offer.
Sen. Wilson explained: "The offence of affray as the law stands only takes into account the persons that were directly involved in the fight and disregards the present reality with respect to gang behaviour where there's others egging them on.
"We therefore would propose that affray be redefined to take into consideration the increased number of group attacks and the effect that the violence has on the public at large."
She also plans to amend the definition of rioting.
At present, the offence of riot is committed "where three or more persons unlawfully assembled and intending to carry out a common purpose, act in a way that causes persons in the neighbourhood to fear the tumultuous disturbance of the peace".
However, she wants to bring Bermuda's law in line with the UK law which states: "The offence of riot is committed when 12 or more persons present together with a common purpose threaten unlawful violence so as to cause persons who may have been at the scene to fear for their personal safety."
Each person involved is guilty if he intended to use violence or was aware his conduct may be violent.
Sen. Wilson explained: "It is proposed that both offences of affray and riot, once redefined with the corresponding increased penalties, will be useful when dealing with gang violence where it threatens to endanger the community at large."
A decision paper agreeing to the amendments has been approved by Cabinet and she hopes they will be tabled when Parliament reconvenes in November.
