Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697631264299.pdf (Antigua and Barbuda)
VOL: XL Thursday 20th August, 2020 No.
59 ________________________________________________________________________ PARLIAMENTARY NOTICE CONTENTS Statutory Instruments 3 FINANCIAL SERVICES REGULATORY COMMISSION NOTICE North International Bank Limited Financial Statement 3-4 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 4-5 INTELLECTUAL PROPERTY NOTICE Patent Applications 6-9 SAGICOR LIFE INC. NOTICE Lost Policy 9 HIGH COURT NOTICE Practice Directions for Sentencing of Firearm and Sexual Offences 9-33 ____________________________________________________________________________________________________ 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 $17.95] No.
59 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 20th, 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.
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2 August 20th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.

59 No.
59 No.

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

22 of 2017, “The Stamp (Antigua and Barbuda) Chinese Painting of the Monkey King) Order, 2017” 5pp Price $2.25 No.
54 of 2020, “Environmental Protection and Management (Sirf Fund Climate Change Adaptation Window) Regulations 2020” 9pp Price $3.65 ____________________________________________________________________________________________________ Financial Services Regulatory Commission Notice 3 No.
59 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 20th, 2020 ____________________________________________________________________________________________________ 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 4 August 20th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.
59 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 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.

5 No.
59 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 20th, 2020 (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.

6 August 20th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.

59 7 No.
59 7 No.

59 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 20th, 2020 8 August 20th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.

59 ____________________________________________________________________________________________________ SAGICOR LIFE (EASTERN CARIBBEAN) INC. Sagicor Life Inc Notice Patsy Philip of 80 Desuza Road, St. John’s, Antigua having made sworn deposition that Policy No.
S05055243 issued by Sagicor Life Inc and assumed by Sagicor Life (Eastern Caribbean) Inc on her life 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: August 12, 2020 By Order Althea C. Hazzard, Corporate Secretary.
____________________________________________________________________________________________________ High Court Notice A Sentencing Guideline for Firearm offences within the ECSC This Sentencing Guideline is made pursuant to the Eastern Caribbean Supreme Court (Sentencing Guidelines) Rules, 2019.1 Introduction Within the ECSC, in the nine member states and territories there are different offences for the prohibited possession, carriage or use of firearms and ammunition with different maximum sentences.
For the purposes of this guideline, the expression ‘firearm offence’ will be used to cover all types of firearm and ammunition offences.

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.

9 No.
9 No.

59 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 20th, 2020 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 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 offenders3 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.
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.

CONSTRUCTING THE SENTENCE 2 On 30 July 2020.

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

4 of 2019.
4 of 2019.

10 August 20th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.

59 STEP 1 The first step in constructing a sentence is to establish the starting point for the offence.

A firearm case requires an assessment of the seriousness of the offence, including the culpability of the offender, and its consequences, by reference to the harm caused.

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 determine the offence category based on consequence.
CONSEQUENCE may be demonstrated for example by the following:  Causing injury or damage to property with a firearm  Discharging a firearm to cause terror  Threatening with a firearm to cause intimidation  Showing a firearm to be assertive  The number of firearms  Dealing in firearms  Quantities and types of ammunition Categories arising from consequence are as follows: CONSEQUENCE - category 1 - highest  Causing or attempting injury with a firearm  Discharging a firearm to cause terror  Renting or supplying or dealing or trafficking in five or more firearms  The firearm is particularly dangerous (eg is an assault rifle or submachine gun) CONSEQUENCE - category 2 – high  There is more than one concealed firearm  Renting or supplying or dealing or trafficking in less than five firearms  Causing extensive damage to property with a firearm  Carrying a firearm openly  Presence of a firearm during the commission of an offence CONSEQUENCE - category 3 – lesser  The firearm is at all times concealed  Ammunition not in a firearm  None of categories 1 and 2 applies SECOND STAGE The second stage is to consider seriousness by assessing the culpability of the offender.
11 No.
59 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 20th, 2020 Levels of SERIOUSNESS may be demonstrated by one or more of the following: SERIOUSNESS – level A - high  Gang membership  Group activity  The firearm is associated with drugs supply  The firearm contains more than two rounds  The firearm has a round in the chamber  More than 20 rounds of ammunition not in a firearm  Any recovered ammunition is prohibited and impermissible under any licence  There is an intention to cause injury (which is not caused)  The firearm is carried at or near a place of worship, educational institution, or substantial public gathering SERIOUSNESS – level B – medium  The firearm is an imitation and brandished  The firearm though threatened remains concealed  Recovered ammunition separately fits an associated recovered firearm  More than 5 rounds of ammunition not in a firearm  The firearm is carried in any other public place SERIOUSNESS – level C – lesser  The presence of a firearm not in a public place is unknown to others  Ammunition is non-live eg spent shell casing  None of the above levels A and B applies THIRD STAGE Having determined the consequence and level of seriousness find the starting point by consulting the grid below4.
Maximum sentence is ‘x’5.

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

When sentencing for ammunition alone, the starting point will usually be at the bottom of the range.

4 Where there is a mandatory minimum sentence, this may in appropriate cases be the starting point if it is greater than the starting point assessed under these guidelines.
5 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).

12 August 20th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.
59 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  Firearm is modified to make it more dangerous  Being in a position of authority  Steps taken to prevent the victim reporting  Possession motivated by revenge  Possession committed over sustained period of time  Attempts to conceal/dispose of evidence  The firearm is unrecovered and still at large MITIGATING FACTORS of the offence  Voluntary surrender of firearm and/or ammunition  Genuine belief firearm did not require a licence (eg is an antique)  Genuine mistaken belief item is not a firearm  Possession as a result of coercion, intimidation or exploitation  Serious medical condition if it helps to explain why the offence occurred STEP 2 Adjust the figure within the range for the aggravating and mitigating factors affecting the offender.
AGGRAVATING FACTORS of offender  Previous convictions for firearms offences  Relevant convictions for other offences  Offence committed whilst on bail MITIGATING FACTORS of offender  Good character  Genuine remorse  Physical or mental disability or ill-health  Steps taken to address offending behavior  Youth and/or lack of maturity where it explains offending  Assistance given to the authorities 13 No.
59 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 20th, 2020 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 precision6.

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.
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 Mde Kimberly Cenac-Phulgence High Court Judge Sgd.
____________________________________________________________________________________________________ A Compendium Sentencing Guideline of the Eastern Caribbean Supreme Court Sexual Offences (Re-Issue) This Sentencing Guideline is made pursuant to the Eastern Caribbean Supreme Court (Sentencing Guidelines) Rules, 2019.7 The previous Sentencing Guideline for Sexual Offences is revoked and replaced by this Sentencing Guideline.
6 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.

7 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.
14 August 20th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.

59 Introduction This compendium sentencing guideline will deal with sexual offences, being rape, unlawful sexual intercourse, aggravated unlawful sexual intercourse, indecency and incest.

Applicability of Guideline In sentencing for these offences, the Chief Justice and two judges have issued guidelines8 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 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 offenders9 whether they have pleaded guilty or been convicted after a trial.
Credit for a guilty plea is taken into consideration only at Step 3.

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.

8 On 30 July 2020.

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

4 of 2019.

15 No.
4 of 2019.

15 No.

59 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 20th, 2020 RAPE - Section 1 10 Within the ECSC, in the nine member states and territories there are different maximum sentences for the offence of rape.

A rape 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 assess the evidence in order to establish the category of the offence by reference to the harm caused by the offence.

Categories arising from harm caused are as follows: SECOND STAGE The second stage is to assess the seriousness of the offence by reference to a non-exhaustive list of factors to establish the culpability of the offender.
Levels of seriousness may be indicated by one or more of the following: 10 As at 30 July 2020.

16 August 20th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.

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

Maximum sentence is ‘x’11.

Percentages are approximations and may not divide neatly, so that some adjustment is permissible.
11 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.
17 No.

59 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 20th, 2020 FOURTH STAGE Having determined the starting point, consider the following list of non-exhaustive 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.

18 August 20th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.
59 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.

UNLAWFUL SEXUAL INTERCOURSE – Section 2 12 Within the ECSC, in the nine member states and territories the offence of unlawful sexual intercourse (USI) can be described in different language and have different maximum sentences.

These offences span a wide range of criminality.


At the lowest end of the sentencing range, non-custodial sentences or diversion from the criminal justice process may be appropriate.

This may be particularly the case in consensual relationships between young people.

USI WITH A PERSON UNDER 16 (being 15 or 14, or 13 in some States/Territories) A case of unlawful sexual intercourse 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 Step1.

FIRST STAGE The first stage is to assess the evidence in order to establish the category of the offence by reference to the harm caused by the offence.

Categories arising from harm caused are as follows 12 As at 30 July 2020.

19 No.
19 No.

59 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 20th, 2020 SECOND STAGE The second stage is to consider seriousness by assessing the culpability of the offender.

Levels of seriousness may be indicated by one or more of the following: 20 August 20th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.

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

Maximum sentence is ‘x’13.


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

FOURTH STAGE Having determined the starting point, consider the following list of non-exhaustive 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.
13 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.
21 No.

59 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 20th, 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.

AGGRAVATED UNLAWFUL SEXUAL INTERCOURSE – section 3 14 USI WITH A PERSON UNDER 13 (or under 14 in some States/Territories) 14 As at 30 July 2020.

22 August 20th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.
59 A case of unlawful sexual intercourse 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 assess the evidence in order to establish the category of the offence, by reference to the harm caused by the offence.
This should include an assessment of the evidence.

Categories arising from harm caused are as follows: SECOND STAGE The second stage is to consider seriousness by assessing the culpability of the offender.

Levels of seriousness may be indicated by one or more of the following: 23 No.

59 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 20th, 2020 THIRD STAGE Having determined the category of harm and level of seriousness find the starting point by consulting the grid below.

Maximum sentence is ‘x’15.


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

FOURTH STAGE Having determined the starting point, consider the following list of non-exhaustive 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.
15 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).

24 August 20th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.

59 25 No.
59 25 No.

59 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 20th, 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.

INDECENCY – section 4 16 Within the ECSC, in the nine member states and territories, offences of indecency have different maximum sentences.
For the purposes of this guideline, the word ‘indecency’ will be used to cover all types of offences involving indecent assault, and gross or serious indecency falling short of sexual intercourse.

FIRST STAGE The first stage is to assess the evidence in order to establish the category of the offence by reference to the harm caused by the offence.

Categories arising from consequence are as follows: 16 As at 30 July 2020.

26 August 20th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.
59 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: THIRD STAGE Having determined the consequence and level of seriousness find the starting point by consulting the grid below.

Maximum sentence is ‘x’17.

Percentages are approximations and may not divide neatly, so that some adjustment is permissible.
17 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).

27 No.
27 No.

59 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 20th, 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.

28 August 20th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.
59 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.

INCEST – section 5 18 Within the ECSC, in the nine member states and territories, the offence of incest carries different maximum sentences.

18 As at 30 July 2020.

29 No.


59 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 20th, 2020 FIRST STAGE The first stage is to consider consequence by assessing the harm caused by the offence.

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: 30 August 20th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.
59 THIRD STAGE Having determined the consequence and level of seriousness find the starting point by consulting the grid below.

Maximum sentence is ‘x’19.

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.
19 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).

31 No.

59 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE August 20th, 2020 32 August 20th, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE No.
59 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 33