25 years for brutal murder affirmed

In affirming the sentence, Chief Justice Satnarine Sharma noted that crime in this country continues unabated and the court would be sending the wrong message as a deterrent if the sentence was to be reduced. In the circumstances, he did not think that any court would have imposed any less a sentence.

However, the Court of Appeal, which included the CJ and Justices Margot Warner and Stanley John, said it intends to vary the order of Volney that Attin’s sentence not come up for review until after 25 years. The CJ said that the court will fix the period for review when it gives its written judgment in the very near future.

Attin’s attorneys, Mark Seepersad and Gerald Ramdeen, called for a review after Attin serves ten years.

While special prosecutor Bindra Dolsingh did not challenge the suggested review period, he said Volney’s sentence was most appropriate.

Dolsingh went further and called for the Children Act to be amended so that young offenders such as Attin, with a mature mind, could be tried as an adult for such an atrocious crime. Attin, who was under the age of 16 at the time of the killing, could not be sentenced to hang under the Act. Instead, he was imprisoned at the Court’s pleasure.

Attin was initially sentenced at the President’s pleasure, but the Privy Council said that in keeping with the doctrine of the separation of powers, he ought to have been sentenced at the Court’s pleasure. A constitutional motion was filed on Attin’s behalf, which was heard by Justice Alan Mendonca, who changed the sentencing from "President" to "Court." The judge also made certain orders for review of sentencing.

Attin’s "resentencing" came up before Volney, who ignored certain recommendations of the constitutional court and proceeded to sentence Attin to 25 years.

Based on the order of the constitutional court, Attin’s attorney appealed severity of sentence.

However, the Appeal Court said the constitutional court had exceeded its jurisdiction by making these recommendations to the criminal court.

The CJ pointed out that the issue of Court’s pleasure was now law and matters like this should go directly to the criminal court and not waste judicial time and money in the constitutional court, clogging up the system. Attorney Seepersad told the court that there were several other similar matters before the High Court.

Attin, now 27, was convicted with Noel Seepersad for the July 11 1994 murders of the two women at a house in Westmoorings. Seepersad has since been sentenced to death.