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 | |
|---|---|
.svg.png.webp) | |
| Court | Judicial Committee of the Privy Council |
| Full case name | The Queen, Appellant v Peter Hughes, Respondent |
| Decided | 11 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
- 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.
External links
- R v Hughes, bailii.org
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.