Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697643082102.pdf (Antigua and Barbuda)
VOL: XL Thursday 13th August, 2020 No.
58 ________________________________________________________________________ PARLIAMENTARY NOTICE CONTENTS Statutory Instruments 3 SAGICOR LIFE INC. NOTICE Lost Policy 3 HIGH COURT NOTICE Practice Directions for Sentencing of Drug and Dishonesty Offences 3-27 TENDERS BOARD NOTICES Development of Contact Tracing App and Website COVID-19 Pandemic Request for Proposal Construction and Assembling of 150 Vending Booths to host CARIFESTA XV 27-28 BDO EASTERN CARIBBEAN NOTICE Appointment of Administrator of LIAT (1974) Limited 28 INTELLECTUAL PROPERTY NOTICE Patent Applications 29-32 ____________________________________________________________________________________________________ Published by the Ministry of Justice & Legal Affairs Denise Dublin, Acting Editor of the Official Gazette denise.dublin@ab.gov.ag / antiguagazette@gmail.com Government Complex, P.O.
Box 118, Parliament Drive, St. John’s, Antigua.

Printed at the Government Printing Office, Antigua and Barbuda, By Noel F. Abraham, Government Printer.

___________________________________________________________________________________________ — By Authority, 2020 [Price $15.50] No.
58 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 13th, 2020 PUBLICATION WITHIN THE OFFICIAL GAZETTE The Official Gazette, the oﬀicial newspaper of the Government of Antigua and Barbuda, is published every Thursday either online or in print form at the Government Printery.
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2 August 13th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.

58 No.
58 No.

33 The following STATUTORY INSTRUMENTS are circulated with this Gazette and form part thereof: NOTICES STATUTORY INSTRUMENTS No.

34 of 2017, “The Stamp (Antigua and Barbuda) (“Count Ferdinand Von Zeppelin” July 8th 1838 to March 8th 1917) Order, 2017” 5pp Price $2.25 No.
53 of 2020, “Notice by the Minister Under Section 1 of the Stem Cell Research and Therapy Act, 2019” 3pp Price $1.55 ____________________________________________________________________________________________________ SAGICOR LIFE (EASTERN CARIBBEAN) INC. Sagicor Life Inc Notice Dion Pelle of College Street, Greenbay, St. John’s, Antigua having made sworn deposition that Policy No.
S07801212 issued by Sagicor Life Inc and assumed by Sagicor Life (Eastern Caribbean) Inc on the life of Trey Pelle has been lost and having made application to the Directors to grant a duplicate of the same, notice is hereby given that unless objection is raised within one month of the date hereof, the duplicate policy asked for will be issued.

Dated: July 21, 2020 By Order Althea C. Hazzard, Corporate Secretary.
____________________________________________________________________________________________________ High Court Notice A Sentencing Guideline for Drug offences within the ECSC (Re-Issue) This Sentencing Guideline is made pursuant to the Eastern Caribbean Supreme Court (Sentencing Guidelines) Rules, 2019.1 The previous Sentencing Guideline for Drug Offences is revoked and replaced by this Sentencing Guideline.
Introduction Within the ECSC, in the nine member states and territories there are different drug offences, and there are often different maximum sentences.

For the purposes of this guideline, the expression ‘drugs offence’ will be used to cover all types of trafficking, cultivation, and possession with an intent to supply, import or export, whether as conspiracy or a substantive offence.
Applicability of Guideline In sentencing for these offences, the Chief Justice and two other judges have issued guidelines2 and the court must apply the relevant guidelines and sentence accordingly, unless to do so would not be in the interest of justice.

It is only permissible to depart from the guidelines in exceptional circumstances, where such departure can be justified.

Clear reasons for not applying the guideline must be given when passing sentence.
It is required that every court will follow the steps below, with each relevant step being identified to the offender in public before the sentence is passed.

Starting points and ranges apply to all adult offenders 1 Made pursuant to Rule 7(1) for the Territory of the Virgin Islands, Montserrat, Antigua and Barbuda, Saint Kitts and Nevis, Commonwealth of Dominica, Saint Lucia, Saint Vincent and the Grenadines and Grenada; and Made pursuant to Rule 8(1) for Anguilla.

2 On 30 July 2020.

3 No.


58 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 13th, 2020 whether they have pleaded guilty or have been convicted after a trial.

Credit for a guilty plea is taken into consideration only at Step 3.

4 August 13th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.

58 5 No.

58 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 13th, 2020 6 August 13th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.

58 7 No.
58 7 No.

58 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 13th, 2020 8 August 13th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.

58 Sgd.

Dame Janice M. Pereira Chief Justice Sgd.

Mde Gertel Thom Justice of Appeal Sgd.

Mde Kimberly Cenac-Phulgence High Court Judge 9 No.
58 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 13th, 2020 A Compendium Sentencing Guideline of the Eastern Caribbean Supreme Court Offences of Dishonesty (Re-Issue) This Sentencing Guideline is made pursuant to the Eastern Caribbean Supreme Court (Sentencing Guidelines) Rules, 2019.3 The previous Sentencing Guideline for Offences of Dishonesty is revoked and replaced by this Sentencing Guideline.
Introduction This compendium sentencing guideline will deal with offences of dishonesty, being theft, robbery, burglary and aggravated burglary, and sections concerning other types of dishonesty will be added to in time.

Applicability of Guideline In sentencing for these offences, the Chief Justice and two other judges have issued guidelines4 and the court must apply the relevant guidelines and sentence accordingly, unless to do so would not be in the interest of justice.
It is only permissible to depart from the guidelines in exceptional circumstances, where such departure can be justified.

Clear reasons for not applying the guideline must be given when passing sentence.

Made pursuant to Rule 7(1) for the Territory of the Virgin Islands, Montserrat, Antigua and Barbuda, Saint Kitts and Nevis, Commonwealth of Dominica, Saint Lucia, Saint Vincent and the Grenadines and Grenada; and Made pursuant to Rule 8(1) for Anguilla.

1 On 30 July 2020.
1 On 30 July 2020.

It is expected that every court will follow the steps below, with each relevant step being identified to the offender in public before the sentence is passed.

Starting points and ranges apply to all adult offenders5 whether they have pleaded guilty or been convicted after a trial.

Credit for a guilty plea is taken into consideration only at Step 3.

Step 1 Consider the seriousness of the offence.

Find the starting point by consulting the guideline and the grid below.
Then adjust the figure within the range for the aggravating and mitigating factors of the offence.

Step 2 Adjust the figure within the range for the aggravating and mitigating factors affecting the offender.

Step 3 Adjust the figure on assessing discount for any plea of guilty, if applicable.

Step 4 Adjust the figure on assessing totality if sentencing for more than one offence.
3 Made pursuant to Rule 7(1) for the Territory of the Virgin Islands, Montserrat, Antigua and Barbuda, Saint Kitts and Nevis, Commonwealth of Dominica, Saint Lucia, Saint Vincent and the Grenadines and Grenada; and Made pursuant to Rule 8(1) for Anguilla.

4 On 30 July 2020.

5 For persons below the age of 18, see the Practice Direction 8D on Sentencing Guidelines, No.4 of 2019.

10 August 13th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.

58 Step 5 Give credit for time served on remand.


Step 6 Finally, consider ancillary orders, confiscation, compensation, etc, if applicable.

Pass the Sentence The court must give reasons explaining the construction of the sentence in a way that can be readily understood by the defendant, in particular justifying any departure from the guideline.
THEFT – section 16 Within the ECSC, in the nine member states and territories there are sometimes different words used to describe the dishonest appropriation of property belonging to others, (e.g.

the words larceny or stealing are often used), and there are sometimes different maximum sentences.
For the purposes of this guideline, the word ‘theft’ will be used generically, to embrace a wide variety of offences of dishonesty, including receiving stolen goods and offences involving fraud or deception, and whether as conspiracy or as substantive offences.

A theft case requires an assessment of the seriousness of the offence and its consequences by reference to the harm caused.

In assessing seriousness, this should include reference to the culpability of the offender.
To establish the starting point for the offence within the relevant range, there are four stages within Step 1.

FIRST STAGE The first stage is to consider consequence by assessing the harm caused by the offence.
CONSEQUENCE may be demonstrated by the following, apart from value:  Items stolen were of substantial value to the victim, regardless of monetary worth  High level of inconvenience caused to the victim or others  Consequential financial harm to victim or others, eg praedial larceny  Emotional distress  Fear or loss of confidence caused by the crime  Risk of or actual injury to persons or damage to property  Impact of theft on a business  Damage to heritage assets 6 As at 30 July 2020.

11 No.
11 No.

58 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 13th, 2020 Categories arising from consequence are as follows: CONSEQUENCE – category 1 - highest Very high value goods (above $250000 in the High Court, above $10000 in the Magistrates Court), or Severe harm to the victim or others.

CONSEQUENCE - category 2 - high High value goods ($50000 to $250000 in the High Court, $5000 to $10000 in the Magistrates Court), or Substantial harm to the victim or others.
CONSEQUENCE - category 3 - medium Medium value goods ($10000 to $50000 in the High Court, $500 to $5000 in the Magistrates Court), or Significant harm to the victim or others.

CONSEQUENCE – category 4 – lesser Low value goods (up to $10000 in the High Court and up to $500 in the Magistrates Court), or Little or no harm to the victim or others.

SECOND STAGE The second stage is to consider seriousness by assessing the culpability of the offender.
Levels of seriousness may be demonstrated by one or more of the following: SERIOUSNESS – level A - high  A leading role where offending is part of a group activity  Involvement of others through coercion, intimidation or exploitation  Breach of a high degree of trust  Sophisticated nature of offence/significant planning  Theft involving intimidation or the use or threat of force  Looting  Targeting of tourists  Deliberately targeting victim on basis of vulnerability Theft involving breaking and entering 12 August 13th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.
58 SERIOUSNESS – level B – medium  A significant role where offending is part of a group activity  Some degree of planning involved  Breach of some degree of trust  All other cases where characteristics for levels A or C are not present SERIOUSNESS – level C - lesser Involved through coercion, intimidation or exploitation  Performed limited function under direction   Little or no planning  Limited awareness or understanding of offence This guideline applies to theft sentences both in the High Court and the Magistrates Court.
Disparity in sentence owing to lower sentencing powers in the Magistrates court may arise for similar offending.

If so, adjustment in applying the guideline is appropriate.

THIRD STAGE Having determined the consequence and the level of seriousness find the starting point by consulting the grid below.

Maximum sentence is ‘x’.

Percentages are approximations and may not divide neatly, so that some adjustment is permissible.

13 No.
13 No.

58 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 13th, 2020 FOURTH STAGE Having determined the starting point, consider the following non-exhaustive list of aggravating and mitigating factors of the offence and adjust upwards or downwards if required, taking care not to double-count factors considered in stages 1 and 2.
AGGRAVATING FACTORS of the offence  Stealing goods as a business  Steps taken to prevent the victim reporting  Offender motivated by intention to cause harm or out of revenge  Offence committed over sustained period of time  Attempts to conceal/dispose of evidence  Blame wrongly placed on others  Attempt to conceal identity MITIGATING FACTORS of the offence Inappropriate degree of trust or responsibility if it helps to explain why the offence occurred Involved because of coercion, intimidation or exploitation    Minor role in group offending  Property restored STEP 2 Adjust the figure within the range for the aggravating and mitigating factors affecting the offender.
These may include: AGGRAVATING FACTORS of offender  Previous convictions for theft offences  Relevant convictions for other offences  Offence committed whilst on bail  MITIGATING FACTORS of offender  Good character  Physical or mental disability or ill-health  Genuine remorse, particularly where evidenced by voluntary reparation to the victim  Steps taken to address offending behavior  Youth and/or lack of maturity where it explains offending  Offending motivated by genuinely desperate circumstances  Assistance given to the authorities STEP 3 Credit should be given for a guilty plea as appropriate.
A reduction of one-third should be given for a guilty plea entered at the earliest practicable opportunity.

Credit will usually reduce significantly the later the plea.

14 August 13th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.

58 STEP 4 Adjust the figure on assessing totality if sentencing for more than one offence.

STEP 5 Credit must be given for time spent on remand for the relevant offence, to be calculated with precision7.
STEP 6 Finally, consider ancillary orders, confiscation, compensation, etc, if applicable.

Pass Pass the Sentence the Sentence The court must give reasons explaining the construction of the sentence in a way that can be readily understood by the defendant, in particular justifying any departure from the guideline.
ROBBERY – section 28 Within the ECSC, in the nine member states and territories there are different approaches to robbery, particularly with or without firearms, and there are often different maximum sentences.

For the purposes of this guideline, the word ‘robbery’ will be used generically to cover all types, and whether as conspiracy or a substantives offence.

STEP 1 The first step in constructing a sentence is to establish the starting point for the offence.
A robbery case requires an assessment of the seriousness of the offence and its consequences by reference to the harm caused.

In assessing seriousness, this should include reference to the culpability of the offender.

To establish the starting point for the offence within the relevant range, there are four stages within Step 1.

FIRST STAGE The first stage is to consider consequence by assessing the harm caused by the offence.
CONSEQUENCE may be demonstrated by one or more of the following, apart from value of the items taken: Items stolen were of significant value to the victim, regardless of monetary worth   High level of inconvenience caused to the victim or others  Consequential financial harm to victim or others  Emotional distress  Offence involving home invasion  Fear or loss of confidence caused by the offence  Risk of or actual injury to persons or damage to property  Impact of offence on a business 7 See the requirements for assessing time on remand in Gomes v The State 2015 UKPC 8, at para 12; Shonovia Thomas v The Queen Appeal No.6 of 2010; and Romeo Da Costa Hall v The Queen 2011 CCJ 6.
8 As at 30 July 2020.

15 No.
58 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 13th, 2020 Categories arising from consequence are as follows: CONSEQUENCE - category 1 – high Serious physical and/or psychological harm caused to the victim Serious detrimental effect on a business activity CONSEQUENCE - category 2 – medium Some physical and/or psychological harm caused to the victim Some detrimental effect on a business activity CONSEQUENCE - category 3 – lesser No or minimal physical or psychological harm caused to the victim No or minimal detrimental effect on a business activity SECOND STAGE The second stage is to consider seriousness by assessing the culpability of the offender.
Levels of seriousness may be demonstrated by one or more of the following: SERIOUSNESS – level A – high  Use of any weapon to inflict significant injury  Production of a firearm or imitation firearm to threaten violence  Use of substantial force or violence in the commission of the offence  Substantial duration of offence  Substantial risk of serious harm or injury to the public  A leading role where offending is a group activity  Breach of a high degree of trust  Sophisticated nature of offence/significant planning SERIOUSNESS – level B – medium  Production of a weapon other than a firearm or imitation firearm to threaten violence  Use of significant force or violence in the commission of the offence  Threat of violence by any weapon (but which is not produced)  A significant role where offending is a group activity  Some degree of planning involved  Abuse of position of trust  Targeting victim on basis of vulnerability due to personal circumstances  Targeting tourists and visitors  Other cases where characteristics for levels A or C are not present 16 August 13th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.
58 SERIOUSNESS – level C – lesser Involved through coercion, intimidation or exploitation   Little or no planning  Limited awareness or understanding of offence  Threat or use of minimal force  No weapon nor threat of one THIRD STAGE Having determined the consequence and level of seriousness find the starting point by consulting the grid below.

Maximum sentence is ‘x’9.

Percentages are approximations and may not divide neatly, so that some adjustment is permissible.
FOURTH STAGE Having determined the starting point, consider the following non-exhaustive list of aggravating and mitigating factors of the offence and adjust upwards or downwards if required, taking care not to double-count factors considered in stages 1 and 2.
9 Where the maximum sentence is life imprisonment, simply for the purposes of the calculation ‘x’ is to be treated as 30 years, (but please note that this does not have the effect of meaning a sentence where the maximum is life can never be more than 30 years).

17 No.
58 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 13th, 2020 AGGRAVATING FACTORS of the offence  Steps taken to prevent the victim reporting  Offence committed over sustained period of time  Attempts to conceal/dispose of evidence  Restraint, abduction or additional degradation of the victim   Attempt to conceal identity (eg wearing a mask)  Prevalence of the offence  Offence motivated by greed or desire for luxury Involving others through coercion, intimidation or exploitation MITIGATING FACTORS of the offence  Minor role in group offending  Property restored STEP 2 Adjust the figure within the range for the aggravating and mitigating factors affecting the offender.
AGGRAVATING FACTORS of offender  Previous convictions for robbery offences  Relevant convictions for other offences  Offence committed whilst on bail  Dangerousness  MITIGATING FACTORS of offender  Good character  Physical or mental disability or ill-health  Genuine remorse, particularly where evidenced by voluntary reparation to the victim  Steps taken to address offending behavior  Youth and/or lack of maturity where it explains offending  Offending motivated by genuinely desperate circumstances  Assistance given to the authorities STEP 3 Credit should be given for a guilty plea as appropriate.
A reduction of one-third should be given for a guilty plea entered at the earliest practicable opportunity.

Credit will usually reduce significantly the later the plea.

STEP 4 Adjust the figure on assessing totality if sentencing for more than one offence.

If appropriate, dangerousness should also be considered.

18 August 13th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.

58 STEP 5 Credit must be given for time spent on remand for the relevant offence, to be calculated with precision10.
STEP 6 Finally, consider ancillary and restraining orders, confiscation, compensation, etc, if applicable.

Pass the Sentence The court must give reasons explaining the construction of the sentence in a way that can be readily understood by the defendant, in particular justifying any departure from the guideline.

BURGLARY – section 311 Within the ECSC, in the nine member states and territories there are different words used to describe entering premises with intent to commit an offence, (e.g.
the words ‘burglary’ and ‘housebreaking’ are often used), and there are often different maximum sentences.

For the purposes of this guideline, the word ‘burglary’ will be used generically to cover all non-aggravated types, and whether as conspiracy, attempt, or a substantive offence.

Where charged, sentences for aggravated burglary will be a separate guideline.

STEP 1 The first step in constructing a sentence is to establish the starting point for the offence.
A burglary case requires an assessment of the seriousness of the offence and its consequences by reference to the harm caused.

In assessing seriousness, this should include reference to the culpability of the offender.

Where an attempt or conspiracy, the court should consider the intended consequences and seriousness.

To establish the starting point for the offence within the relevant range, there are four stages within Step 1.
FIRST STAGE The first stage is to consider consequence by assessing the harm caused by the offence.
CONSEQUENCE may be demonstrated by one or more of the following, apart from value of the items taken:  Theft of items/damage to property of significant value to the victim, regardless of monetary worth  Damage to property consequent on breaking in  Soiling, ransacking or vandalism of property  High level of inconvenience caused to the victim or others  Consequential financial harm to victim or others  Emotional distress  Offence involving home invasion  Fear or loss of confidence caused by the offence  Risk of or actual injury to persons  Impact of offence on a business 10 See the requirements for assessing time on remand in Gomes v The State 2015 UKPC 8, at para 12; Shonovia Thomas v The Queen Appeal No.6 of 2010; and Romeo Da Costa Hall v The Queen 2011 CCJ 6.
11 As at 30 July 2020.

19 No.
58 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 13th, 2020 Categories arising from consequence are as follows: CONSEQUENCE - category 1 – high Serious physical and/or psychological harm caused to the victim and/or serious damage to the premises Serious detrimental effect on a business activity or home enjoyment Value of goods taken above $50000 in the High Court or above $5000 in the Magistrates Court CONSEQUENCE - category 2 – medium Some physical and/or psychological harm caused to the victim and/or some damage to the premises Some detrimental effect on a business activity or home enjoyment Value of goods above $5000 and below $50000 in the High Court or above $500 and below $5000 in the Magistrates Court CONSEQUENCE - category 3 – lesser No or minimal physical or psychological harm caused to the victim and/or no or minimal damage caused to the premises No or minimal detrimental effect on a business activity or home enjoyment Premises unoccupied Value of goods taken below $5000 in the High Court and below $500 in the Magistrates Court SECOND STAGE The second stage is to consider seriousness by assessing the culpability of the offender.
Levels of seriousness may be demonstrated by one or more of the following: SERIOUSNESS – level A – high  Use of any weapon to inflict injury  Using a firearm or imitation firearm to threaten violence  Use of substantial force or violence in the commission of the offence  Substantial duration of offence where victim is present  Substantial risk of serious harm or injury to the public  A leading role where offending is a group activity  Abuse of position of trust  Sophisticated nature of offence/significant planning  Restraint, abduction or additional degradation of the victim 20 August 13th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.
58 SERIOUSNESS – level B – medium  Using a weapon other than a firearm or imitation firearm to threaten violence  Use of significant force or violence in the commission of the offence  Threat of violence by any weapon (but which is not produced)  A significant role where offending is a group activity  Some degree of planning involved  Targeting victim on basis of vulnerability  Targeting tourists and visitors  Victim is particularly vulnerable due to personal circumstances which can include mental or physical disability or poverty  Offence committed as part of a riotous social gathering  Ordering victim out of property to facilitate stealing  Other cases where characteristics for levels A or C are not present SERIOUSNESS – level C – lesser Involved through coercion, intimidation or exploitation   Little or no planning  Limited awareness or understanding of offence  Threat or use of minimal force  No weapon brandished nor threat of one  Limited intrusion into property THIRD STAGE Having determined the consequence and level of seriousness find the starting point by consulting the grid below.
Maximum sentence is ‘x’.

Percentages are approximations and may not divide neatly, so that some adjustment is permissible.

21 No.

58 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 13th, 2020 FOURTH STAGE Having determined the starting point, consider the following non-exhaustive list of aggravating and mitigating factors of the offence and adjust upwards or downwards if required, taking care not to double-count factors considered in stages 1 and 2.
AGGRAVATING FACTORS of the offence Involving others through coercion, intimidation or exploitation  Equipped for burglary (e.g.

implements carried and/or use of vehicle)  Steps taken to prevent the victim reporting  Offence committed over sustained period of time with victim not present (eg squatting)  Attempts to conceal/dispose of evidence   Attempt to conceal identity (e.g.
wearing a mask)  Offence committed whilst under the influence by alcohol or drug abuse  Prevalence of the offence  Community impact  Offence motivated by greed or desire for luxury  Offence committed at night (where not an element of the offence)  Children present MITIGATING FACTORS of the offence  Minor role in group offending  Property restored STEP 2 Adjust the figure within the range for the aggravating and mitigating factors affecting the offender.
AGGRAVATING FACTORS of offender  Previous convictions for burglary offences  Relevant convictions for other offences  Offence committed whilst on bail MITIGATING FACTORS of offender  Good character  Physical or mental disability or ill-health  Genuine remorse, particularly where evidenced by voluntary reparation to the victim  Steps taken to address offending behavior  Youth and/or lack of maturity where it explains offending  Offending motivated by genuinely desperate circumstances  Assistance given to the authorities STEP 3 Credit should be given for a guilty plea as appropriate.
A reduction of one-third should be given for a guilty plea entered at the earliest practicable opportunity.

Credit will usually reduce significantly the later the plea.

22 August 13th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.

58 STEP 4 Adjust the figure on assessing totality if sentencing for more than one offence.

If appropriate, dangerousness should also be considered.

STEP 5 Credit must be given for time spent on remand for the relevant offence, to be calculated with precision12.
STEP 6 Finally, consider ancillary and restraining orders, confiscation, compensation, etc, if applicable.

Pass the Sentence The court must give reasons explaining the construction of the sentence in a way that can be readily understood by the defendant, in particular justifying any departure from the guideline.

AGGRAVATED BURGLARY – section 413 Within the ECSC, in the member states and territories, the offence of aggravated burglary carries different maximum sentences.
STEP 1 The first step in constructing a sentence is to establish the starting point for the offence.

A burglary case requires an assessment of the seriousness of the offence and its consequences by reference to the harm caused.

In assessing seriousness, this should include reference to the culpability of the offender.

Where an attempt or conspiracy, the court should consider the intended consequences and seriousness.
To establish the starting point for the offence within the relevant range, there are four stages within Step 1.

FIRST STAGE The first stage is to consider consequence by assessing the harm caused by the offence.
CONSEQUENCE may be demonstrated by one or more of the following, apart from value of the items taken:  Theft of items/damage to property of significant value to the victim, regardless of monetary worth  Damage to property consequent on breaking in  Soiling, ransacking or vandalism of property  High level of inconvenience caused to the victim or others  Consequential financial harm to victim or others  Emotional distress  Offence involving home invasion  Fear or loss of confidence caused by the offence  Risk of or actual injury to persons  Impact of offence on a business 12 See the requirements for assessing time on remand in Gomes v The State 2015 UKPC 8, at para 12; Shonovia Thomas v The Queen Appeal No.6 of 2010; and Romeo Da Costa Hall v The Queen 2011 CCJ 6.
13 As at 30 July 2020.

23 No.
58 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 13th, 2020  Categories arising from consequence are as follows: CONSEQUENCE - category 1 – high Serious physical and/or psychological harm caused to the victim and/or serious damage to the premises Serious detrimental effect on a business activity or home enjoyment Value of goods taken over $50000 in the High Court CONSEQUENCE - category 2 – medium Some physical and/or psychological harm caused to the victim and/or some damage to the premises Some detrimental effect on a business activity or home enjoyment Value of goods above $5000 and below $50000 in the High Court CONSEQUENCE - category 3 – lesser No or minimal physical or psychological harm caused to the victim and/or no or minimal damage caused to the premises No or minimal detrimental effect on a business activity or home enjoyment Value of goods taken less than $5000 in the High Court SECOND STAGE The second stage is to consider seriousness by assessing the culpability of the offender.
Levels of seriousness may be demonstrated by one or more of the following: SERIOUSNESS – level A – high  Use of any weapon to inflict injury  Use of a firearm or imitation firearm to threaten violence  Use of substantial force or violence in the commission of the offence  Substantial duration of offence where victim is present  Substantial risk of serious harm or injury to the public  A leading role where offending is a group activity  Abuse of position of trust  Sophisticated nature of offence/significant planning  Restraint, abduction or additional degradation of the victim SERIOUSNESS – level B – medium  Use of a weapon other than a firearm or imitation firearm to threaten violence  Use of significant force or violence in the commission of the offence  Threat of violence by any weapon (but which is not produced)  A significant role where offending is a group activity  Some degree of planning involved  Targeting victim on basis of vulnerability  Targeting tourists and visitors  Victim is particularly vulnerable due to personal circumstances which can include mental or physical disability or poverty  Offence committed as part of a riotous social gathering  Ordering victim out of property to facilitate stealing  Other cases where characteristics for levels A or C are not present 24 August 13th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.
58 SERIOUSNESS – level C – lesser Involved through coercion, intimidation or exploitation   Little or no planning  Limited awareness or understanding of offence  Threat or use of minimal force  No weapon used nor threat of one  Limited intrusion into property THIRD STAGE Having determined the consequence and level of seriousness find the starting point by consulting the grid below.

Maximum sentence is ‘x’14.


Percentages are approximations and may not divide neatly, so that some adjustment is permissible.

FOURTH STAGE Having determined the starting point, consider the following non-exhaustive list of aggravating and mitigating factors of the offence and adjust upwards or downwards if required, taking care not to double-count factors considered in stages 1 and 2.
AGGRAVATING FACTORS of the offence Involving others through coercion, intimidation or exploitation  Equipped for burglary (e.g.

implements carried and/or use of vehicle)  Steps taken to prevent the victim reporting  Offence committed over sustained period of time  Attempts to conceal/dispose of evidence   Attempt to conceal identity (e.g.
wearing a mask)  Offence committed whilst under the influence by alcohol or drug abuse  Prevalence of the offence  Community impact  Offence motivated by greed or desire for luxury  Offence committed at night (where not an element of the offence)  Children present 14 Where the maximum sentence is life imprisonment, simply for the purposes of the calculation ‘x’ is to be treated as 30 years, (but please note that this does not have the effect of meaning a sentence where the maximum is life can never be more than 30 years).
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58 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 13th, 2020 MITIGATING FACTORS of the offence  Minor role in group offending  Property restored STEP 2 Adjust the figure within the range for the aggravating and mitigating factors affecting the offender.
AGGRAVATING FACTORS of offender  Previous convictions for burglary offences  Relevant convictions for other offences  Offence committed whilst on bail MITIGATING FACTORS of offender  Good character  Physical or mental disability or ill-health  Genuine remorse, particularly where evidenced by voluntary reparation to the victim  Steps taken to address offending behavior  Youth and/or lack of maturity where it explains offending  Offending motivated by genuinely desperate circumstances  Assistance given to the authorities STEP 3 Credit should be given for a guilty plea as appropriate.
A reduction of one-third should be given for a guilty plea entered at the earliest practicable opportunity.

Credit will usually reduce significantly the later the plea.

STEP 4 Adjust the figure on assessing totality if sentencing for more than one offence.

If appropriate, dangerousness should also be considered.

STEP 5 Credit must be given for time spent on remand for the relevant offence, to be calculated with precision15.
STEP 6 Finally, consider ancillary and restraining orders, confiscation, compensation, etc, if applicable.

Pass the Sentence 15 See the requirements for assessing time on remand in Gomes v The State 2015 UKPC 8, at para 12; Shonovia Thomas v The Queen Appeal No.6 of 2010; and Romeo Da Costa Hall v The Queen 2011 CCJ 6.

26 August 13th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.
58 The court must give reasons explaining the construction of the sentence in a way that can be readily understood by the defendant, in particular justifying any departure from the guideline.

Effective Date This Practice Direction will come into effect on the 1st day of September, 2020.

Made this 30th day of July, 2020.

Sgd.

Dame Janice M. Pereira Chief Justice Sgd.

Mde Gertel Thom Justice of Appeal Sgd.
____________________________________________________________________________________________________ Mde Kimberly Cenac-Phulgence High Court Judge T E N D E R N O T I C E REQUEST FOR PROPOSAL Development of Contact Tracing App and Website COVID-19 Pandemic Ministry of Information, Broadcasting, Telecommunications and Information Technology in conjunction with Ministry of Health, Wellness and the Environment The Tenders Board of the Government of Antigua and Barbuda, on behalf of the Ministry of Information, Broadcasting, Telecommunications and Information Technology, in conjunction with the Ministry of Health, Wellness and the Environment, invites interested vendors to submit bid/proposal, for the supply of works and or services related to the development of a Contact Tracing App and Website for Antigua and Barbuda, in response to the extant COVID-19 Pandemic.
The Request for Proposal and other documents related to this tender, can be accessed through our e-Procurement Platform, accessible via the following link: https://ra.easibuy.com/advertisements/1201?token=4e74cc15e7752578cb0badd5 The e-Procurement Platform for this tender is hosted by EASiBUY.
Should you require any assistance in accessing the platform, please feel free to contact Mr. Daniel Knight, email: Daniel.Knight@ab.gov.ag or Mr. Jamal Barnes, email: Jamal.Barnes@ag.gov.ag Please be advised that the eligibility of your bid/proposal, is subject to the completion of a Vendor Registration Form which can be accessed from the site.

Bid/Proposals for this tender must be uploaded to the e-Procurement Platform, no later than 12:00 noon on Wednesday 02 September 2020.
Queries or Clarification Request regarding the specified requirements of this tender, must be directed and delivered to: Chairman, Tenders Board (tenders.board@ab.gov.ag).

Please note that the final day for considering queries related to this tender is 2:00 PM on Friday 21 August 2020.
____________________________________________________________________________________________________ T E N D E R N O T I C E REQEST FOR PROPOSAL Construction and Assembling of 150 Vending Booths CARIFESTA XV – August 2021 Ministry of Sports, Culture, National Festivals and the Arts 27 No.
58 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 13th, 2020 The Tenders Board of the Government of Antigua and Barbuda, on behalf of the Ministry of Sports, Culture, National Festivals and the Arts, invites interested vendors to submit bid/proposal, for the supply of works and or services related to the construction and assembling of 150 vending booths, to host CARIFESTA XV, Grand Market, in August of 2021, at the Multipurpose Cultural Center and Exhibition Hall – Perry Bay.
The Scope of Works related to this tender, can be accessed through our e-Procurement Platform, accessible via the following link: https://ra.easibuy.com/advertisements/1199?token=7923781c08da5a9188bc62b1 The e-Procurement Platform for this tender is hosted by EASiBUY.
Should you require any assistance in accessing the platform, please feel free to contact Mr. Daniel Knight, email: Daniel.Knight@ab.gov.ag or Mr. Jamal Barnes, email: Jamal.Barnes@ab.gov.ag Please be advised that it is imperative that you submit the following documents when uploading your Proposal to the site:- 1. Business Registration 2.

Company Profile and 3.

References Bids/Proposals for this tender must be uploaded to the e-Procurement Platform no later than Friday 12:00 noon on 21 August 2020.
Queries regarding the specified requirements of this tender must be directed and delivered to Chairman, Tenders Board (tenders.board@ab.gov.ag) via the platform.

Please note that the final day for considering queries related to this tender is 2:00 PM on Friday 14 August 2020.

____________________________________________________________________________________________________ LIAT (1974) LTD. (Under Administration) NOTICE IS HEREBY GIVEN that I, Cleveland Seaforth of BDO Eastern Caribbean, Cnr.
Factory Road & Carnival Gardens, S t .

J o h n ’s , An t i g u a , have been appointed as Administrator of LIAT (1974) LIMITED with effect from 24th July, 2020.

Notice is also given to any person, who believes that the Company holds property belonging to him/her or property in which he/she has rights, should submit his/her claim in writing to the Administrator with all supporting documents in respect of such ownership or right.
All persons holding any property, documents, books and records of the Company are requested to deliver them forthwith to the Administrator.

Notice is further given that all sums due to the Company should be payable to the Administrator and receipts for such payments shall only be valid if they bear the signature of the Administrator or his duly appointed representative(s).
Any person having a claim against the Company, whether liquidated, unliquidated, future or contingent, is required to present particulars of their claim in writing to the Administrator not later than August 15, 2020.

The business, assets and affairs of the Company are under the control of the Administrator, who is an agent of the Company and acts without personal liability.
All correspondences should be addressed to: Cleveland Seaforth Administrator Contact for enquiries: Name: Cleveland Seaforth Telephone: (268) 462 8868/9 Facsimile: (26) 462 8808 Email: administrator.liat@bdoecc.com Address for Service: Cnr.

Factory Road & Carnival Gardens P.O.

Box 3109 St. John’s, Antigua 28 August 13th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.
58 (19) Intellectual Property Office Antigua and Barbuda (11) Publication Number: AG/P/2020/00001 (45) Publication Date: 13.August.2020 (51) IPC: H01Q 1/00 (2006.01), H01P 5/00 (2006.01) (12) PATENT APPLICATION PUBLICATION (21) Application Number: AG/P/2017/00008 (22) Filing Date: 30.September.2015 (31) Priority Number: 14/728,492 14/728,507 (32) Priority Date: 2.June.2015 2.June.2015 (33) Priority Country: US US (54) Title: Excitation and use of guided surface waves (71) Owner(s): CPG TECHNOLOGIES, LLC of 202 N 1- 35, Suite C, Red Oak, Texas 75154 (US) (72) Inventor(s): 1.CORUM, James, F., 10142 Fairmount Rd, Newbury, OH 44065 (US) 2.
CORUM, Kenneth, L.; 10142 Fairmount Rd, Newbury, OH 44065 (US) (74) Agent: Roberts & Co. 60 Nevis Street, St. John’s, Antigua (57) Abstract: Disclosed are various embodiments for transmitting and receiving energy conveyed in the form of a guided surface-waveguide mode along the surface of a lossy medium such as, e.g., a terrestrial medium excited by a guided surface waveguide probe.

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58 31 No.

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