Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697632079126.pdf (Antigua and Barbuda)
VOL: XL Thursday 6th August, 2020 No.
57 ________________________________________________________________________ CONTENTS TENDERS BOARD NOTICE Request for Proposal Construction and Assembling of 150 Vending Booths to host CARIFESTA XV 3 BDO EASTERN CARIBBEAN NOTICE Appointment of Administrator of LIAT (1974) Limited 3-4 HIGH COURT NOTICE Practice Direction for Sentencing of Murder 4-7 ____________________________________________________________________________________________________ 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 $2.95] No.
57 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 6th, 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.
Notice Submissions and Style Notices for publication and related correspondence should be addressed to Denise Dublin Acting Editor of the Official Gazette at the following email addresses: denise.dublin@ab.gov.ag / antiguagazette@gmail.com That is the preferred method of communication for all correspondence (especially when sending Notices/information which must be sent in Microsoft Word format) to be published in the Gazette.
Letter headings should be addressed to: Ms. Denise Dublin Acting Editor of the Official Gazette Ministry of Justice & Legal Affairs Parliament Drive Queen Elizabeth Highway P.O.

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2 August 6th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.
57 NOTICES 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 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.

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57 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 6th, 2020 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 EASTERN CARIBBEAN SUPREME COURT (SENTENCING GUIDELINES) RULES 2019 PRACTICE DIRECTION 8E NO.

1 OF 2020 SENTENCING FOR THE OFFENCE OF MURDER This Practice Direction is made pursuant to rule 7(1) of the Eastern Caribbean Supreme Court (Sentencing Guidelines) Rules 2019 and supplements rule 8(1).
Introduction In order to promote consistency, sentencing to a custodial term for the offence of murder shall hereafter follow the approach below to be applied in the Member States and Territories falling under the jurisdiction of the Eastern Caribbean Supreme Court.

This Practice Direction may be cited as the “Practice Direction on Sentencing for the Offence of Murder for the Eastern Caribbean Supreme Court”.

Interpretation 1.

In this Schedule— “Adult” means a person aged 18 or over.
“An act of terrorism” for the purpose of this guidance means a death arising from: (i) (ii) an act of a person on behalf of, or in connection with, any organization which carries out activities directed towards the overthrowing or influencing by force or violence the lawful government of a state; or an act intended to raise in the public a fear of future and further indiscriminate violence against bystanders in a public place.

“Child” bears the meaning under the relevant domestic legislation.
“Criminal gang” means a group of three or more persons who share a criminal purpose.

“Determinate sentence” means a sentence fixed as to the amount of time to be spent imprisoned.

“Whole life sentence” means a sentence of imprisonment for the duration of the offender’s natural life.

Sentences for murder 2.

A conviction for the offence of murder may result in one of the following sentences: a.

Sentence of death; b.


A whole life sentence; c. A determinate sentence; d. Detention by the court where an offender has been found to be insane or suffering relevant mental illness; or e. Detention at the court’s pleasure.

Sentence of death 3.

Sentence of death, where lawful for murder, may only be considered in cases: a.

Where the offender was aged 18 or over when he committed the offence; b.
Where there has been a conviction after trial; c. Which are ‘the rarest of the rare’; d. Which are ‘the worst of the worst’; e. Where there is no reasonable prospect of reform of the offender; 4 August 6th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.
57 f. Where the offender has been appropriately evaluated by a psychiatrist; g. Where the character of the offender and any other relevant circumstances are taken into account so far as possible as mitigation in the offender’s favour; h. Which are compared with other murder cases and not with ordinary civilized behavior; and i.

Where the object of punishment cannot be achieved by any means other than sentence of death.

Whole life sentence 4.


The appropriate starting point is a whole life sentence if: a. the court considers that the seriousness of the offence (or the combination of the offence and one or more offences associated with it) is exceptionally high; and b. the offender was aged 18 or over when he committed the offence.

5.
Cases where the seriousness of the offence could be considered exceptionally high include: a. the murder of two or more persons; b. where the murder is associated with a series of serious criminal acts; c. where there is a substantial degree of premeditation or planning; d. the abduction of the victim; e. a murder involving sexual or sadistic conduct; f. a murder involving prolonged suffering or torture; g. the murder of a police officer, emergency service worker, prison officer, judicial officer, prosecutor, health worker, teacher, community worker or any other public official exercising public or community functions or as a political activist, or if the offence arose because of the victim’s occupation or voluntary work; h. a murder relating to membership of a criminal gang; i. a murder which is an act of terrorism; j. a murder motivated by hatred for or prejudice against a group of people to which the offender believed the victim belonged (e.g.
people of a particular religion, race or ethnic origin, language, or sexual orientation or age or having a particular disability); k. a murder involving the actual or threatened use of explosives or chemical or biological agent; l. a deliberate killing for payment or gain (e.g.
a contract killing, or for inheritance, or insurance payout); m. where the offender is assessed as likely to commit further offences of serious violence and is therefore a substantial danger to the community; n. a murder by an offender previously convicted of murder; or o. a murder by an offender who has a record for multiple previous convictions for serious offences of violence.

Determinate Sentence 6.


The appropriate starting point is a determinate sentence of 40 years, within a range of 30-50 years: In cases not falling in paragraph 3 or 4; or a. b.

Where a case falls within paragraph 4: i. ii.

but the court considers that the offence (or the combination of the offence and one or more offences associated with it), does not warrant a whole life sentence; and the offender was aged 18 or over when he committed the offence.

7.
7.

Cases that could fall within paragraph 6 include: a. where the offender has pleaded guilty and would otherwise face a whole life term1; b. a murder involving the use of a firearm; c. a murder arising unplanned in the course of a felony (e.g.
in a robbery or burglary); d. a murder intended to obstruct or interfere with the course of justice; e. a murder involving a lesser degree of sexual or sadistic conduct than referred to above; or f. a murder in the context of a significant history of domestic violence.

8.
8.

If: a. b. c. the offender was aged 18 or over at the time of the offence; the case does not fall within paragraph 4(1) or 6(1), and the offence falls within paragraph 9 below, 1 In such a circumstance, there would be no further discount on account of the guilty plea.

5 No.

57 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 6th, 2020 the offence is normally to be regarded as sufficiently serious for the appropriate starting point to be a determinate sentence of 30 years, within a range of 20-40 years.
9.

Cases that would normally fall within paragraph 8 are where the offender took a bladed weapon or blunt instrument to the scene intending to: a. commit any offence; or b. have it available to use as a weapon; and c. used that weapon in committing the murder.

10.

11.

If the offender was aged 18 or over when he committed the offence and the case does not fall within paragraph 4, 6 or 8, the appropriate starting point is a determinate sentence of 25 years, within a range of 15-35 years.
If the offender was aged under 18 when the offence was committed, the appropriate starting point is a determinate sentence of 20 years, within a range of 10-30 years.

If the sentence is ‘detention at the court’s pleasure’, the court must set a minimum time to be served and then review the circumstance of the offender annually from the date of sentence.

Aggravating and mitigating factors 12.


Having chosen a starting point, the court should take into account any further aggravating or mitigating factors pertaining to the offence to the extent that it has not allowed for them in its choice of starting point.

Care must be taken not to double-count.

13.
Aggravating factors (separate from those mentioned in paragraphs 5 and 7) that may be relevant include: a. a significant degree of planning or premeditation; b. the victim was vulnerable because young or elderly or had a disability or because geographically isolated; c. mental or physical suffering inflicted on the victim before death; d. abuse of a position of trust or authority over the victim; e. where the offence involved a great risk of death to another person or persons; f. where the offence was an organized criminal activity; g. where the offence occurred at the home of the victim or any other person; h. where the offence was committed to conceal another offence; i. j. where the victim was providing a public service or performing a public duty; k. where the offence is committed in the presence of children; l. where the offence is committed at or near an educational institution; m. where the offence is committed in view of the public; n. where the offence is unprovoked; o. concealment, disposal, desecration, destruction or dismemberment of the body; or p. being on bail at the time of the murder.
the use of duress or threats against another person to facilitate the commission of the offence; 14.
Mitigating factors that may be relevant include: a. an intention to cause serious bodily harm rather than to kill; b. where the offender was acting under duress; c. where the offender does not have a record of previous convictions for personal violence; d. where the offender offered assistance to the authorities; e. where the offender suffered a mental disability which lowered his degree of culpability; f. where the offender was provoked; g. where the victim was the aggressor; h. a belief by the offender that the murder was an act of mercy; i. j. where the offender was not aware of the full consequences of his action because of his age or disability; k. good prospects for rehabilitation; l. where the offender is unlikely to reoffend; or m. remorse.
the age of the offender; Credit for plea 15.

Subject to paragraph 7(a), where the offender has pleaded guilty at the first practicable opportunity, he may receive a discount of up to one-third of any determinate sentence.

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

57 Time on remand 16. Credit must be given for time spent on remand, to be calculated with precision2.

Parole 17.

Where appropriate, the court should declare the minimum term to be served before consideration for parole.
Effective Date This Practice Direction will come into effect on the 1st day of September, 2020.

Made this 4th day of August, 2020.

Dame Janice M. Pereira, DBE Chief Justice 2 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.

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