Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697631199818.pdf (Antigua and Barbuda)
SUPPLEMENT TO ANTIGUA AND BARBUDA OFFICIAL GAZETTE OF THURSDAY 31st December, 2020 Vol.

XL — ISSUE NO.

96 HIGH COURT EDITION No.

96 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY December 31st, 2020 SUPPLEMENTARY VOL: XL Thursday 31st December, 2020 No.
96 ________________________________________________________________________ HIGH COURT NOTICE CONTENTS Offences of Dishonesty (2nd Re-Issued) 4-39 ______________________________________________________________________________________________ Published by the Ministry of Justice & Legal Affairs Denise Dublin, 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 $14.15] 2 December 31st, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY No.
96 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 Ms. Denise Dublin, 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 Editor of the Official Gazette Ministry of Justice & Legal Affairs Parliament Drive Queen Elizabeth Highway P.O.

Box 118 Antigua Microsoft Word is the preferred format for notice submissions.

Please do not send notices only in PDF format as errors may occur when converting to Word.

Image files should be sent in JPG or PNG format.


“Therefore, please send all notice submissions in the Microsoft Word format and a PDF version of such Notice only where there are signatures to be included in the notice submission (document).” This applies to all institutions including governmental, financial and other commercial institutions.
Additionally, for the security purposes of any financial information being sent, the institution’s Information Technology (IT) personnel can lock the information as a JPEG in a Microsoft Word document and send the information to the Editor in that prescribed manner.

The Gazette Department reserves the right to apply its in-house style to all notices.

Any corrections which are related to style will be made at the discretion of the Editor for reasons of consistency.
Deadlines The deadline for submitting notices for publication in the principal edition is midday Monday on every week for all commercial and Government notices, in the week of publication.

*Late notices may be accepted at the discretion of the Editor.

The deadline for cancelling notices in the principal edition is 12.00 midday Wednesday.

Please call the Gazette Office immediately to cancel a notice, and confirm by email.

Advertising Rates Publication Fee $106.20 Eastern Caribbean Dollars.
Annual Subscription Fee: $215 Eastern Caribbean Dollars *Advertising rates are not negotiable.

Antigua and Barbuda Official Gazettes are published directly online at www.gazette.gov.ag All editions are also available on subscription from the Antigua and Barbuda Government Printery, St. John’s, Antigua (telephone: (268) 562-5168/ (268) 462-0510).

3 No.
3 No.

96 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY December 31st, 2020 NOTICES A Compendium Sentencing Guideline of the Eastern Caribbean Supreme Court Offences of Dishonesty (2nd Re-Issue) This Sentencing Guideline is made pursuant to the Eastern Caribbean Supreme Court (Sentencing Guidelines) Rules, 2019.1 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 has issued guidelines and the court must apply the relevant guidelines and sentence accordingly, unless to do so would not be in the interests 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 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 offenders2 whether they have pleaded guilty or been convicted after a trial.
Credit for a guilty plea is taken into consideration only at Step 3.

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 For persons below the age of 18, see the Practice Direction 8D on Sentencing Guidelines, No.4 of 2019.
4 December 31st, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY No.

96 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.

5 No.

96 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY December 31st, 2020 Categories arising from consequence are as follows: 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: 6 December 31st, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY No.

96 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.

7 No.
7 No.

96 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY December 31st, 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.

8 December 31st, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY No.
96 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.

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.

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: 9 No.

96 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY December 31st, 2020 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: 10 December 31st, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY No.
96 THIRD STAGE Having determined the consequence and level of seriousness find the starting point by consulting the grid below.

Maximum sentence is ‘x’3.


Percentages are approximations and may not divide neatly, so that some adjustment is permissible 3 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).

11 No.
11 No.

96 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY December 31st, 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.

12 December 31st, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY No.
96 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.

13 No.

96 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY December 31st, 2020 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.

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.

14 December 31st, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY No.
96 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: 15 No.

96 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY December 31st, 2020 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.

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.

16 December 31st, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY No.

96 17 No.
96 17 No.

96 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY December 31st, 2020 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.

Within the ECSC, in the member states and territories, the offence of aggravated burglary carries different maximum sentences.
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.

18 December 31st, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY No.

96 19 No.

96 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY December 31st, 2020 20 December 31st, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY No.

96 THIRD STAGE Having determined the consequence and level of seriousness find the starting point by consulting the grid below.
Maximum sentence is ‘x’4.

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.
4 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).

21 No.

96 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY December 31st, 2020 22 December 31st, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY No.
96 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.

Within the ECSC, in the member states and territories, offences of corruption include bribery and any other offence where a person commits an act that is inconsistent with his/her entrusted responsibilities by unlawfully using his/her influence or office to receive or give a benefit or advantage.
On the states and territories, for similar offences there are often different maximum sentences.

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

A corruption 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, or risk of harm, caused by the offence.

Harm is assessed in relation to any impact caused by the offending (whether to identifiable victims or in a wider context) and the actual or intended gain to the offender.
‘Risk of harm’ involves consideration of both the likelihood of harm occurring and the extent of it if it does.

Risk of harm is less serious than the same actual harm.

Where the offence has caused risk of harm but no (or much less) actual harm, the normal approach is to move to the next category of harm down.

This may not be appropriate if either the likelihood or extent of potential harm is particularly high.

Categories arising from consequence are as follows: 23 No.
96 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY December 31st, 2020 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: 24 December 31st, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY No.

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

Maximum sentence is ‘x’5.


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

25 No.

96 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY December 31st, 2020 26 December 31st, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY No.

96 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.
Within the ECSC, in the nine member states and territories there are different words used to describe blackmail, (e.g.

the words ‘extortion’ or ‘demanding with menaces’ are also used), and there are often different maximum sentences.

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

27 No.
27 No.

96 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY December 31st, 2020 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: 28 December 31st, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY No.

96 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.

29 No.

96 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY December 31st, 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.
30 December 31st, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY No.

96 Within the member states and territories of the ECSC, offences of fraud are varied and include (i) Abuse of position; (ii) False representations (iii) Failing to disclose information (iv) Conversion, (v) Deception, (vi) False Accounting (vii) Forgery and related offences that involve the intentional use of deception illegally to deprive another person or entity of money, property, or legal rights.
It also includes the possession of tools for perpetrating frauds.

There are often different maxima.

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

A fraud 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.

Harm is assessed in relation to any impact caused by the offending (whether to identifiable victims or in a wider context) and the actual or intended gain to the 31 No.

96 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY December 31st, 2020 offender.
In assessing consequence regard should be had to the loss and damage, physical or psychological, caused or intended to be caused, or as risk of harm that might foreseeably have been caused, by the offence.

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

Risk of harm involves consideration of both the likelihood of harm occurring and the extent of it if it does.

Risk of harm is less serious than the same actual harm.
Where the offence has caused risk of harm but no (or much less) actual harm, the normal approach is to move to the next category of harm down.

This may not be appropriate if either the likelihood or extent of potential harm is particularly high.

32 December 31st, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY No.

96 SECOND STAGE The second stage is to consider seriousness by assessing the culpability of the offender.
Culpability should assess the offender’s role and the extent to which the offending was planned and the sophistication with which it was carried out.

Levels of culpability may be demonstrated by one or more of the following: 33 No.

96 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY December 31st, 2020 THIRD STAGE Having determined the consequence and culpability 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.

34 December 31st, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY No.

96 35 No.
96 35 No.

96 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY December 31st, 2020 Within the ECSC, on the nine member states and territories there are different money laundering offences including receiving, possession, concealment, disguise, disposal, conversion, transfer or removal from the islands of the proceeds of crime or its acquisition, use or possession or the facilitation of arrangements for same.
There are often different maximum sentences prescribed for these offences within member states and territories.

For the purposes of this guideline, the expression ‘money laundering’ will be used to cover all of the foregoing ways of committing the offence, whether as conspiracy or a substantive offence.

A money laundering 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.

36 December 31st, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY No.

96 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: 37 No.
96 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY December 31st, 2020 THIRD STAGE Having determined the degree of culpability and harm 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.
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.

38 December 31st, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - SUPPLEMENTARY No.

96 39