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Common assault charge needs re-examination – caller

One caller to the 3D radio show felt that the common assault charge among others needs re-examination. Photo: VINO/File
ROAD TOWN, Tortola, VI – One caller on the 3D radio show which was aired on a local radio station on September 21, 2012 believes that some of the offences that are before the courts today are in need of revision in order for the problem of overcrowding at the prison to be alleviated.
“I heard the Minister talk about the overcrowding of the prison… and I think what contributes to that is the penalty that is imposed on some of the offences that were committed", the caller opined.
 
The caller was at the time referencing a statement made by Minister for Education and Culture, Hon. Myron V. Walwyn at the House of Assembly Sitting held on September 3, 2012.
 
Giving an example to support his stance, the caller said if two persons on the road are involved in a fight it is considered a common assault.
 
The caller also noted that with the clause of occasioning grievous bodily harm added to the offence, it automatically becomes indictable. Once persons are found guilty with this particular offence, they are usually given a “lengthy sentence” the caller claimed.
 
“Maybe the legal fraternity and Attorney General’s chambers need to look at some of these offences and penalties”, he added.
 
He noted that common assault, once tried in a Magistrates’ court, carries a summary conviction but because of the additional clause added it becomes indictable. This he felt causes the offence to have to be tried by a judge and jury.
 
The caller suggested that persons could perhaps be fined instead of incarcerated for an offence such as this or have much reduced sentence to the ones currently in place rather than having to go to the high court for the offence and receiving a lengthy sentence.

5 Responses to “Common assault charge needs re-examination – caller ”

  • @@@@@@ (24/09/2012, 08:54) Like (0) Dislike (0) Reply
    I agree why can’t the master handle some of these things?
  • jetsetter (24/09/2012, 10:24) Like (0) Dislike (0) Reply
    I agree with the caller, even those who enter illegally why jail them if they plea guilty. They plead guilty just send them home the same or next day why keep them here for sentencing at least the would not be able to come back for some time. Also all the expats who commit any crime at all just deport them, then and only then your jail will get light. The magistrate and the courts needs to think and work according maybe the j@ck @$$ at the prison never thought of informing them of the status of the rooms available at the inn on the hill.
    • Freedom (24/09/2012, 11:54) Like (0) Dislike (0) Reply
      So any crimeand deport the expat? What if the crime is getting into an altercation with a BVIslander or having one drink too many and driving a car or bouncing a cheque? Expats are people too. They should not fear having their rights impeded and having to remain mum and not stand up for themselves for fear of being deported. You are suggesting that some people be treated inhumanly and less a person than a local. We, of all people, should know that freedom is more than not being bound by physical chains. It is a far worse crime to rule injustices over a group of persons for any reason.
  • bay yute (24/09/2012, 12:57) Like (0) Dislike (0) Reply
    They need to have night court
  • jetsetter (24/09/2012, 20:56) Like (0) Dislike (0) Reply
    When you enter another mans land and they welcomes you, it's like going to their house, you respect that country as you would your own. how you behave in my country tells me how you feel about me.


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