The Tribune

By FARRAH JOHNSON

Tribune Staff Reporter

fjohnson@tribunemedia.net

THE Court of Appeal yesterday reduced the 45-year murder sentence of Stephen “Die” Stubbs by ten years.

In 1999, Stubbs and two other men were convicted of the murder of former police officer Jimmy Ambrose.

At his first trial, Stubbs was convicted and sentenced to death according to the mandatory death penalty. However, his appeal against conviction was allowed and he was ordered to be retried.

Stubbs’ second trial was aborted on the first day of the judge’s summation of the case.

And after his third trial, he was convicted and sentenced to life imprisonment. Nonetheless, when he appealed the punishment in the Court of Appeal, although the panel dismissed his appeal against conviction, they allowed his appeal against sentence and imposed a sentence of 45 years’ imprisonment.

Stubbs further appealed to the Privy Council that also dismissed his appeal against conviction, but granted his appeal against sentencing. At the time they ordered that Stubbs be resentenced, ruling the Court of Appeal had not taken into account the breach of his constitutional right to be tried within a reasonable time. They further concluded that the Appellate Court had failed to consider the period of time Stubbs had spent under a sentence of death.

Yesterday, Justices Sir Michael Barnett, Maureen Crane-Scott and Milton Evans reduced Stubbs’ 45-year prison sentence by five years as compensation for the breach of his constitutional rights. They further deducted another five years “to take into account” the time Stubbs spent on remand for the offence.

In their judgement, delivered by Sir Michael, the panel ruled that it was possible for an “otherwise reasonable sentence” to be reduced to compensate for the breach of a constitutional right.

“The sentence of 45 years imprisonment imposed on the appellant is a reasonable sentence in the circumstances,” Sir Michael said. “However, having regard to the 14-year delay which resulted in a breach of the appellant’s right to a trial within a reasonable time and the two years spent under sentence of death, the appellant’s sentence is reduced by five years.

“In all the circumstances, we are satisfied that a reduction of five years would be reasonable compensation to Mr Stubbs for a breach of his constitutional rights. In the circumstances, the sentence should be 40 years. Having regard to the five years the appellant spent on remand, the appellant is sentenced to 35 years imprisonment from the date of conviction on July 25, 2013”.