''Boyce v R'' is a 2004
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 Aug ...
(JCPC) case which upheld the law that sets out a mandatory sentence of death for
murder in
Barbados
Barbados is an island country in the Lesser Antilles of the West Indies, in the Caribbean region of the Americas, and the most easterly of the Caribbean Islands. It occupies an area of and has a population of about 287,000 (2019 estimate) ...
.
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
The Constitution of Barbados is the supreme law under which Barbados is governed. The Constitution provides a legal establishment of the Government of Barbados, as well as legal rights and responsibilities of the public and various other govern ...
. (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
Trinidad and Tobago (, ), officially the Republic of Trinidad and Tobago, is the southernmost island country in the Caribbean. Consisting of the main islands Trinidad and Tobago, and numerous much smaller islands, it is situated south of ...
.
See also
*
Judiciary of Barbados
*
Attorney General of Barbados
*
Supreme Court of Judicature (Barbados)
The Supreme Court of Judicature of Barbados is the highest judicial body in the country of Barbados. It is made up of the High Court and the Court of Appeals.
Notes
{{reflist
External links
''Boyce v R'' bailii.org
Boyce et al. v. Barbados - Inter-American Court of Human Rights Project Loyola Law School (Los Angeles) International and Comparative Law Review’s Inter-American Court of Human Rights Project database and journal.
2004 in United Kingdom case law
2004 in Barbados
Death penalty case law
Judicial Committee of the Privy Council cases on appeal from Barbados
Prisoners sentenced to death by Barbados
Murder in Barbados
Human rights in Barbados