Convicted killer Stephen “Die” Stubbs was yesterday resentenced to 35 years in prison for the murder of a policeman in 1999.
This is the fourth time that Stubbs has been sentenced for the murder of Constable Jimmy Ambrose at the now-closed Club Rock Disco.
Stubbs, who is now in his mid-40s, was 22 when he was accused of the officer’s murder.
Following his first conviction in 2002, the mandatory death penalty, which has since been declared unconstitutional, was imposed.
Stubbs spent two years on death row before his conviction was quashed and a retrial was ordered.
In 2007, his second trial was aborted on the day the judge was to sum up the case.
Stubbs was convicted at a third trial in 2013 and sentenced to life imprisonment.
The Court of Appeal upheld Stubbs’ conviction and sentenced him to 45 years.
Last November, the Privy Council sent Stubbs’ case back for resentencing because the panel had failed to consider two constitutional breaches.
The Privy Council said that Stubbs was entitled to reductions due to the breach of his right to be tried within a reasonable time and for the period he was unlawfully sentenced to death.
At the appeal hearing, Stubbs’ lawyer Wayne Munroe, QC, asked the Court to consider Stubbs’ sentence afresh.
Munroe argued that a starting point of 45 years was too high.
He suggested that Stubbs be resentenced to 30 years in prison, with a sentence cut of 15 years for the constitutional breaches.
Munroe also asked the court to take into account Stubbs’ present circumstances in arriving at an appropriate sentence.
He said that Stubbs had high cholesterol and the prison was not complying with his prescribed diet. He noted that Stubbs’ co-accused, Andrew “Yogi” Davis, died last year due to health complications. Prior to his death, Davis had not received his special diet.
In a decision delivered yesterday, the court confined itself to the breaches identified by the Privy Council.
They rejected Munroe’s contention that Stubbs should be resentenced de novo and found that the 45-year sentence was appropriate.
The court said, “In all the circumstances, we are satisfied that a reduction of 5 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 5 years the appellant spent on remand, the appellant is sentenced to 35 years imprisonment from the date of conviction on 25 July 2013.”