R v Hughes

R v Hughes is a 2002 Judicial Committee of the Privy Council (JCPC) case in which it was held that it was unconstitutional in Saint Lucia for capital punishment to be the mandatory sentence for murder.[1] The JCPC held that because the Constitution of Saint Lucia prohibits "inhuman or degrading punishment", following a murder conviction, a trial judge must have discretion to impose a lesser penalty than death by hanging; capital punishment may be applied only in those cases that contain aggravating factors as compared to other murder cases.

R v Hughes
CourtJudicial Committee of the Privy Council
Full case nameThe Queen, Appellant v Peter Hughes, Respondent
Decided11 March 2002
Citation(s)[2002] UKPC 12, [2002] 2 AC 259, [2002] 2 WLR 1058
Case history
Prior action(s)Eastern Caribbean Supreme Court (from Saint Lucia)
Case opinions
Lord Rodger of Earlsferry
Keywords
Capital punishment; inhuman or degrading punishment

The case was decided with Reyes v R and Fox v R, cases on the same issue on appeal from Belize and Saint Kitts and Nevis.

See also

References

  1. Roe, Thomas (2002). "Human Rights and the Mandatory Death Penalty in the Privy Council". The Cambridge Law Journal. 61 (3): 505–508. ISSN 0008-1973.
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.