(Jamaica) The appellant was convicted of capital murder.
Held: Murder was not a terrorist act where fear caused is merely a by-product of the acts and not directly intended. He had had no intention of putting any member of the public in fear. The Board accepted the proposition that there had to be a double intent on the part of the defendant for there to be a conviction for murder ‘ in the course or furtherance of an act of terrorism’. That Act required that separate intention, and it had not been shown. The case was remitted for re-sentence as non-capital murder.
Lord Keith of Kinkel, Lord Griffiths, Lord Jauncey of Tullichettle, Lord Nicholls of Birkenhead, Lord Steyn
Times 22-May-1996, [1996] UKPC 14, [1996] 1 WLR 902
Bailii
England and Wales
Cited by:
Cited – Evon Smith v The Queen PC 14-Nov-2005
PC (Jamaica) The Board was asked whether the offence was a capital murder. The murder was committed in the course of a burglary. The defendant had stood on a ladder and reached in through a window and attacked . .
Lists of cited by and citing cases may be incomplete.
Updated: 20 October 2021; Ref: scu.159167
