UPDATE: 12 & 7 yrs for Edwards & Simmonds Jr respectively
Simmonds Jr was sentenced to seven (7) years imprisonment but only be spending five (5) years as the two years already served has been taken into consideration.
Edwards, who already serving a life sentence without the possibility of parole, was sentenced to 12 years for this offence.
Simmonds was represented by Dr J.S Archibald QC and Edwards by attorney at law Stephen Daniels.
See previous story posted November 16, 2013
Simmonds Jr & Edwards sentencing pushed back to Nov. 29
- RVIPF ups security at High Court
When Rodney Simmonds Jr, murder convict Yan Edwards and relatives of both walked into the High Court yesterday afternoon November 15, 2013 they were no doubt expecting it to be their final day there in that eventful matter of conspiracy to murder case. However, it was not to be as the sentencing was delayed to later this month.
November 15, 2013 was the date set by High Court Justice Vicki Ann Ellis for the sentencing of the two after they were both found guilty of conspiring to murder Cornel Melbourne Francis (now deceased).
However, lengthy final submission by the lawyers, specifically that of Dr. J. S. Archibald QC, absorbed the entire afternoon and left Justice Ellis no time to put together her sentence. Dr. Archibald is representing Simmonds jr, Attorney at Law Stephen Daniels is representing Edwards and Senior Crown Counsels Valston Graham and Leslie Ann Faulkner prosecuted on behalf of the Crown.
With the submissions concluding way past 4 P.M., High Court Judge Ellis told the court she would be passing sentence on November 29, 2013 at which time she hopes to be able to give the lawyers her decision in writing but caution that they should not totally depend on a written decision.
Police escort
Following the abusive display of the two prisoners on October 28, 2013 after they were found guilty by the panel of jury, the Royal Virgin Islands Police Force (RVIPF) drastically upped security at the High Court.
The two had made threats to the family of Francis and jurors in an unexpected outburst while they were being escorted out of the court that day.
There were no less than ten fully armed police officers at the High Court yesterday. Further, as the High court was adjourned for the day, the family members of both the accused and Francis were escorted by ranks of the RVIPF in separate vehicles ahead of the prison van. The prison van was also heavily escorted by two police vehicles which had no less than six heavily armed police officers to the front and rear.
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40 Responses to “UPDATE: 12 & 7 yrs for Edwards & Simmonds Jr respectively”
Why are criminals allowed to wear sunglasses to court? I would like to knock that stupid smile right off his stupid face. Yes, they are very dangerous with no regard for life and I hope they get back everything they have given to people tenfold. Sorry @$$e$!
For real. These idiots thinks this is a joke. The court should not let them be stylin sunglasses and they should be cuffed in the back. He there smilin like it's funny.
The Legislature shall have power to make laws for peace,order and good government of the Virgin Islands.
I encourage all citizen and residents to obey the law of the land,if you want to continue enjoying your freedom [outside of prison]
To our young people who chose the good side in society:
This is what the BVI Law provides for people who are convicted for Conspiracy to commit an indictable offence:
Read carefully:-
Section 312 of the Criminal Code 1997, LAWS of the BVI-
States-
"""Any person who is convicted of CONSPIRACY to commit an offence is, unless any other punishment is provided in this Code or any other LAW,liable to be punished for a term not exceeding the MAXIMUM penalty prescribed for that offence"""
The interpretation of that piece of legislation,made by BVI parliament,is that-
If you are convicted for Conspiring /agreeing with another person to Murder someone,you can be sentenced to a term of imprisonment for the same amount of time as is for murder!
Young people,stay away from Crime,enjoy your freedom: Stay at work or at home or on your laptop and just Blogg on VINO.
Section 16,
subsection (2) of Her Majesty's V.I Constitution states:-
""Every person who is charged with a criminal offence SHALL-
(g) when charged on indictment in the High Court,have the right to trial by jury.....""
These men were afforded a fair hearing within a reasonable time by an independent and impartial court established by law,as declared in section 16 of Her Majesty's V.I Constitution.
According to the indictment or the complaint,under BVI High Court Criminal Trial [The Queen/The Crown was the Complainant vs Simmonds jr and Edwards,as written in the charge:
These men were charged for Crimes committed against Her Majesty's peace in Her BVI, which is equal to crimes against Her Majesty's citizens and residents of the BVI.
[All the citizens and All the residents are victims of All crimes committed in the BVI]
People of the BVI;do not support Criminality in your peaceful country:
Support the V.I Constitution,and ensure that all citizens and residents get a fair trial under the justice system!
Don't support criminality-Support JUSTICE!!
So let me thank His Excellency,the Governor,for ensuring that Her Majesty's competent royal BVI police officers and Her Majesty's office of the Director of Public Prosecutions[DPP] and its competent staff,are properly funded yearly,to keep justice alive in the BVI,for peace and enjoyment of freedom for Her Majesty's citizens and residents.
I will continue to encourage the senior citizens,who spoke to me daily,some of whom live in fear of criminality in our peaceful lands.
Have no fear,my dear senior citizens; those criminals who rage war against the innocent citizens of Her Majesty,will one day face the full brunt of Her Majesty's laws.
12 yrs and 7 yrs: In my view-NOT enough!
But it is enough to say, Today,is an example of true justice in this free and democratic BVI.
We must continue to support the police and other law enforcement agencies[customs and immigration] and to support the office of the DPP,in prosecuting violent criminals,for their crimes against Her Majesty's citizens. The DPP will prosecute only those who are charged for a crime:
Let me thank the Jury for listening to the presentation by the classical senior crown counsel, Mr.Valston Graham,for such a high quality standard of public prosecution,on behalf of Her Majesty-The Queen.
And the police displayed their professionalism of high quality criminal investigation,into this matter.
I am sure,His Excellency-The Governor,will ensure that those involve in bringing this case to closure,will receive the accolades that they deserve.
One day,just one day,the peaceful people of the BVI will feel safe on the streets and in their homes.With the presence of law enforcement,guns and weapons will be eradicated and those convicted criminals who chose to shoot and kill or shoot with intent to kill;will be relaxing at Her Majesty's Prison for the rest of their lives!!
I have no formal education,neither do I possess a bachelor's of law degree and I am not an attorney-at-law.I attend ""Coal-Pit-School""so the most I am authorize to do is read the BVI Law as is in the BVI Law-books.
[man what the hell],I agree with you on a point of law:
Let us read from the BVI Criminal Code,of 1997; what the BVI law prescribe as penalty for this offence[Conspiracy to Murder].
Section 312 of the Criminal Code,1997-Laws of the Virgin Islands BVI states:-
"" Any person who is convicted of [Conspiracy to commit an offence] is, unless any other punishment is provided in this Code or any other law, liable to be punished for a term not exceeding the maximum penalty prescribed for that offence"".
The interpretation of that piece of BVI legislation,is that-if the penalty for Murder is life in prison, then the maximum penalty for 'Conspiracy to murder,is also life in prison'! That is the BVI Law!!!!
It's the law of the BVI..
Based on BVI law,section 312 of the Criminal Code,1997, the penalty handed down by the Judge in this case,in my view, is minimal,so the DPP should appeal the Judge's sentenced!
And there is another law for the DPP/AG to look at. Let me share the law with VINO's bloggers.Please dont get VEX! Madam Judge-Dont get VEX! The BVI is free with a Constitutional democracy,where bloggers are free:
Let us read the Criminal Procedure (Amendment) Act,2006, No.3 of 2006,which was passed by the BVI Legislative Council on 21st February,2006 and subsequently assent into law by His Excellency the Governor Thomas Townley Macan,on 9th March,2006,on behalf of Her Majesty-The Queen.
Section 51A,subsection A1 of the BVI law states:-
""Where a sentence is passed on a person upon the conviction on indictment of that person for an offence and it appears to the Attorney General that the sentence is unduly lenient or that the trial Judge ERRED in law as to his/her powers of sentencing,the Attorney General may,with the leave of the Court of Appeal,refer the case to that Court for the sentence to be reviewed"".
Subsection 1B states:-
""On a reference under subsection (1A) the Court of Appeal may QUASH the sentence and substitute such sentence as it thinks appropriate and as the High Court had power to pass in the case"".
Now,on 13th June,2007, a new V.I Constitution created a Director of Public Prosecutions[DPP] for the BVI and section 59 of the V.I Constitution,took away the prosecution of criminal matters from the Attorney General and transferred such powers to the DPP.
So the DPP,can and should appeal this sentence, in the interest of the BVI PUBLIC!!
These level of blogging is what makes VINO the number 1 news site
THEN WHAT WAS THE REASON FOR TRYING YAN EDWARDS WHO ALREADY SERVING LIFE-----------
GIVE SIMMONDS AT LEASE 35-40 AND GIVE YAN 65-70 OR MAXIMUM LIFE------------------------
SEND THE RIGHT MESSAGE MADAM JUDGE OR BRING BACK THE JUDGE WITH THE REDHEAD------------------THE JUDGE NEED TO FOLLOW THE LAW ON SENTENCEING----------------------