Government of Jamaica
Statement from Minister of Justice, the Hon. Delroy Chuck, KC, MP
Response to the decision delivered by the Judicial Committee of the Privy Council in the case of Tafari Morrison (Appellant) vs The King (Respondent) (Jamaica) From the Court of Appeal Jamaica
The Judicial Committee of the Privy Council’s decision in the case of Tafari Morrison (Appellant) vs The King (Respondent) (Jamaica) From the Court of Appeal Jamaica, delivered today is of great importance to the Government’s legislative agenda.
Tafari Morrison was aged 16 at the time of the offence, and aged 17 at the time of the sentencing. He had pleaded guilty to the offences of illegal possession of firearm, robbery with aggravation and wounding with intent.
The wounding with intent was by way of shots fired by the Appellant, and the victim suffered severe injuries. The Privy Council ruled that the sentence of 15 years minimum mandatory imposed was not unconstitutional, and did not infringe the Charter of Rights in any respect.
Of significance, is the Judicial Committee of the Privy Council’s acknowledgment that the sentence was not inhumane or degrading with respect to a juvenile, and acknowledged also that the use of guns has damaged the Jamaican society and consequently should attract a sentence with a big deterrent element.
No doubt those persons who have questioned the minimum mandatory in the recently passed Firearms Act will now see that at the highest level, it is quite constitutional.
We (Parliament) will be examining the proposed minimum mandatory in the cases of murder when they come before the Joint Select Committee, which should be meeting shortly.
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The case itself, is of great importance, as it analyses the effect of minimum mandatory sentence generally imposed, and how it must be proportionate to the humane and degrading treatment that sentences can cause.
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Delroy Chuck KC, MP
Minister of Justice
May 11. 2023
