R V Hughes (Australia)
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R V Hughes (Australia)
''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. 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. 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 *''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 ...'' Exte ...
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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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Judicial Committee Of The Privy Council Cases On Appeal From Saint Lucia
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 and r ...
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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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Eastern Caribbean Supreme Court
The Eastern Caribbean Supreme Court (ECSC) is a superior court of record for the Organisation of Eastern Caribbean States (OECS), including six independent states: Antigua and Barbuda, the Commonwealth of Dominica, Grenada, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines and three British Overseas Territories (Anguilla, British Virgin Islands, and Montserrat). It has unlimited jurisdiction in each member State. History The ECSC was established in 1967 by the West Indies Associated States Supreme Court Order No. 223 of 1967. In relation to Grenada, the Court is styled "the Supreme Court of Grenada and the West Indies Associated States". See section 105 of the Grenada Constitution. Functions The functions of the ECSC are as follows: * To interpret and apply the laws of the various member states of the OECS; * To decide cases of both civil and criminal matters; * To hear appeals. Appeals from the ECSC Appeals from the ECSC can be lodged in defined c ...
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Belize
Belize (; bzj, Bileez) is a Caribbean and Central American country on the northeastern coast of Central America. It is bordered by Mexico to the north, the Caribbean Sea to the east, and Guatemala to the west and south. It also shares a water boundary with Honduras to the southeast. It has an area of and a population of 441,471 (2022). Its mainland is about long and wide. It is the least populated and least densely populated country in Central America. Its population growth rate of 1.87% per year (2018 estimate) is the second-highest in the region and one of the highest in the Western Hemisphere. Its capital is Belmopan, and its largest city is the namesake city of Belize City. Belize is often thought of as a Caribbean country in Central America because it has a history similar to that of English-speaking Caribbean nations. Indeed, Belize’s institutions and official language reflect its history as a British colony. The Maya civilization spread into the area of Beli ...
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Fox V R
''Fox v R'' is a 2002 Judicial Committee of the Privy Council (JCPC) case in which it was held that it was unconstitutional in Saint Kitts and Nevis for capital punishment to be the mandatory sentence for murder. The JCPC held that because the Constitution of Saint Kitts and Nevis 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 involved British bodybuilder Bertil Fox, who in 1998 was convicted of murdering his former fiancée and her mother the previous year. The case was decided with '' Reyes v R'' and '' R v Hughes'', cases on the same issue on appeal from Belize Belize (; bzj, Bileez) is a Caribbean and Central American country on the northeastern coast of Central America. It is bordered by Mexico to the north, the Caribbean Sea to ...
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