(Bahamas) The applicant sought leave to appeal as a poor person. He had been convicted of murder and sentenced to death. He had sought to argue that the delay in his execution had contravened his right not to be subjected to unusual and cruel punishment as established in Pratt. His application for a stay pending the decision on this constitutional question was dismissed, but a stay pending the appeal was allowed.
Held: The decision to reject a stay of execution without making a formal dismissal grounded an appeal, and leave was given, but ‘On the other hand, for the avoidance of doubt their Lordships make clear that even in a case where an appeal lies as of right their Lordships consider that it would be inappropriate to grant special leave to appeal as a poor person where it is plain beyond rational argument that the appeal is doomed to fail.’
Judges:
Lord Keith of Kinkel, Lord Jauncey of Tullichettle, Lord Steyn
Citations:
Times 16-Jul-1996, [1996] UKPC 20
Links:
Citing:
Cited – Pratt and Morgan v The Attorney General for Jamaica and Another PC 2-Nov-1993
(Jamaica) A five year delay in execution is excessive, and can itself amount to inhuman or degrading punishment. ‘There is an instinctive revulsion against the prospect of hanging a man after he has been held under sentence of death for many years. . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Commonwealth, Constitutional
Updated: 31 May 2022; Ref: scu.159178