(Saint Christopher and Nevis) The appellant had been convicted of murder, for which the penalty was death. He claimed that the sentence was an infringement of his constitutional and human rights. The constitution declared that it prevailed over all other laws, and guaranteed certain fundamental rights and freedoms. Though it allowed for the possibility of the death sentence for murder, he claimed the sentence was inhuman or degrading punishment or treatment.
Held: The council had already twice held that similar constitutions did not allow for a death penalty which was mandatory. The appeal was allowed, and the case remitted for re-sentencing.
Judges:
Lord Bingham of Cornhill Lord Hutton Lord Hobhouse of Woodborough Lord Millett Lord Rodger of Earlsferry
Citations:
[2002] 2 AC 284, [2002] UKPC 13
Links:
PC, Berthill Fox v. The Qu’ target=’_n’>PC, Bailii, PC
Statutes:
Saint Christopher and Nevis Constitution Order 1983 (SI 1983 No 881)
Jurisdiction:
Commonwealth
Citing:
Cited – Regina v Hughes PC 11-Mar-2002
(Saint Lucia) Having been convicted of murder, the defendant was made subject to the mandatory death penalty applied under St Lucia law. He appealed successfully on the basis that the constitution of St Lucia protected him from inhuman or degrading . .
Cited – Reyes v The Queen PC 11-Mar-2002
(Belize) The Criminal Code of Belize provided that any murder by shooting was to be treated as Class A Murder, and be subject to the mandatory death penalty. The applicant having been convicted, appealed saying this was inhuman or degrading . .
Cited by:
Cited – Regina v Hughes PC 11-Mar-2002
(Saint Lucia) Having been convicted of murder, the defendant was made subject to the mandatory death penalty applied under St Lucia law. He appealed successfully on the basis that the constitution of St Lucia protected him from inhuman or degrading . .
Cited – Pilar Aida Rojas v Brian Berllaque PC 10-Nov-2003
PC (Gibraltar) The system of selecting a criminal jury obliged men to be available for selection, but women could choose not to be on the role of jurors. The result was that jury lists and juries were almost . .
Cited – Watson v Regina PC 7-Jul-2004
(Jamaica) The defendant was convicted of two murders from the same incident. The Act provided for the death penalty if he was convicted of a second murder. He appealed the death sentence in the circumstances, and said also that it was . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing, Human Rights, Constitutional
Updated: 05 June 2022; Ref: scu.167755