Reyes V R
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Reyes V R
''Reyes v R'' is a 2002 Judicial Committee of the Privy Council (JCPC) case in which it was held that it was unconstitutional in Belize for capital punishment to be the mandatory sentence for murder. The JCPC held that because the Constitution of Belize 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. The case was decided with ''R v Hughes'' and ''Fox v R'', cases on the same issue on appeal from Saint Lucia and Saint Kitts and Nevis. See also *''Bowe v R'' *''Boyce v R'' *''Matthew v S ''Matthew v S'' is a 2004 Judicial Committee of the Privy Council (JCPC) case which upheld the law that sets out a mandatory sentence of death for murder in Trinidad and Tobago. The JCPC held in some cases, the law that makes capital punishment m ...'' External li ...
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Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one cons ...
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Bowe V R
''Bowe v R'' is a 2006 Judicial Committee of the Privy Council (JCPC) case in which it was held that it was unconstitutional in the Bahamas for capital punishment to be the mandatory sentence for murder. The JCPC held that because the Constitution of the Bahamas contains a qualified right to life and 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. The result in the case reflected the findings '' R v Hughes'', ''Fox v R'', and '' Reyes v R'', 2002 JCPC rulings from other Caribbean jurisdictions. See also *''Boyce v R'' *''Matthew v S ''Matthew v S'' is a 2004 Judicial Committee of the Privy Council (JCPC) case which upheld the law that sets out a mandatory sentence of death for murder in Trinidad and Tobago. The JCPC held in some cases, the law ...
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Prisoners Sentenced To Death By Belize
A prisoner (also known as an inmate or detainee) is a person who is deprived of liberty against their will. This can be by confinement, captivity, or forcible restraint. The term applies particularly to serving a prison sentence in a prison. English law "Prisoner" is a legal term for a person who is imprisoned. In section 1 of the Prison Security Act 1992, the word "prisoner" means any person for the time being in a prison as a result of any requirement imposed by a court or otherwise that he be detained in legal custody. "Prisoner" was a legal term for a person prosecuted for felony. It was not applicable to a person prosecuted for misdemeanour. The abolition of the distinction between felony and misdemeanour by section 1 of the Criminal Law Act 1967 has rendered this distinction obsolete. Glanville Williams described as "invidious" the practice of using the term "prisoner" in reference to a person who had not been convicted. History The earliest evidence of the exist ...
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Judicial Committee Of The Privy Council Cases On Appeal From Belize
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws ...
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Death Penalty Case Law
Death is the irreversible cessation of all biological functions that sustain an organism. For organisms with a brain, death can also be defined as the irreversible cessation of functioning of the whole brain, including brainstem, and brain death is sometimes used as a legal definition of death. The remains of a former organism normally begin to decompose shortly after death. Death is an inevitable process that eventually occurs in almost all organisms. Death is generally applied to whole organisms; the similar process seen in individual components of an organism, such as cells or tissues, is necrosis. Something that is not considered an organism, such as a virus, can be physically destroyed but is not said to die. As of the early 21st century, over 150,000 humans die each day, with ageing being by far the most common cause of death. Many cultures and religions have the idea of an afterlife, and also may hold the idea of judgement of good and bad deeds in one's life (heave ...
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Matthew V S
''Matthew v S'' is a 2004 Judicial Committee of the Privy Council (JCPC) case which upheld the law that sets out a mandatory sentence of death for murder in Trinidad and Tobago. The JCPC held in some cases, the law that makes capital punishment mandatory for murder will violate the prohibition on "inhuman or degrading punishment" in the Constitution of Trinidad and Tobago. (This principle is consistent with the 2002 JCPC cases of '' Hughes'', ''Fox'', and '' Reyes''.) However, because (1) the Constitution of Trinidad and Tobago disallows itself to act to invalidate laws that existed prior to the enactment of the constitution, and (2) the law in question pre-dated the constitution, the mandatory death provisions of the law could not be invalidated and must be upheld. In '' Boyce v R'', which was released on the same day, the JCPC applied the same principles to a similar law in Barbados Barbados is an island country in the Lesser Antilles of the West Indies, in the Caribb ...
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Boyce V R
''Boyce v R'' is a 2004 Judicial Committee of the Privy Council (JCPC) case which upheld the law that sets out a mandatory sentence of death for murder in Barbados. The JCPC held in some cases, the law that makes capital punishment mandatory for murder will violate the prohibition on "inhuman or degrading punishment" in the Constitution of Barbados. (This principle is consistent with the 2002 JCPC cases of '' Hughes'', '' Fox'', and '' Reyes''.) However, because (1) the Constitution of Barbados disallows itself to act to invalidate laws that existed prior to the enactment of the constitution, and (2) the law in question pre-dated the constitution, the mandatory death provisions of the law could not be invalidated and must be upheld. In '' Matthew v S'', which was released on the same day, the JCPC applied the same principles to a similar law in Trinidad and Tobago. See also * Judiciary of Barbados * Attorney General of Barbados * Supreme Court of Judicature (Barbados) ...
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Saint Kitts And Nevis
Saint Kitts and Nevis (), officially the Federation of Saint Christopher and Nevis, is an island country and microstate consisting of the two islands of Saint Kitts and Nevis, both located in the West Indies, in the Leeward Islands chain of the Lesser Antilles. With 261 square kilometers of territory, and roughly 50,000 inhabitants, it is the smallest sovereign state in the Western Hemisphere, in both List of countries and dependencies by area, area and List of countries and dependencies by population, population, as well as the world's smallest sovereign federation. The country is a Commonwealth realm, with Charles, King of the United Kingdom, Charles III as Monarchy of Saint Kitts and Nevis, King and head of state. It is the only sovereign federation in the Caribbean. The capital city is Basseterre, located on the larger island of Saint Kitts. Basseterre is also the main port for passenger entry (via cruise ships) and cargo. The smaller island of Nevis lies approximately t ...
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Court Of Appeal Of Belize
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to t ...
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Saint Lucia
Saint Lucia ( acf, Sent Lisi, french: Sainte-Lucie) is an island country of the West Indies in the eastern Caribbean. The island was previously called Iouanalao and later Hewanorra, names given by the native Arawaks and Caribs, two Amerindian peoples. Part of the Windward Islands of the Lesser Antilles, it is located north/northeast of the island of Saint Vincent (Antilles), Saint Vincent, northwest of Barbados and south of Martinique. It covers a land area of with an estimated population of over 180,000 people as of 2022. The national capital is the city of Castries. The first proven inhabitants of the island, the Arawaks, are believed to have first settled in AD 200–400. Around 800 AD, the island would be taken over by the Kalinago. The French were the first Europeans to settle on the island, and they signed a treaty with the native Caribs in 1660. England took control of the island in 1663. In ensuing years, England and France fought 14 times for control of the island, ...
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