''R v Hughes'' is a 2002
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 in which it was held that it was unconstitutional in
Saint Lucia for
capital punishment
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
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
''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 Con ...
'', 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 the east, and Guatemala to the west and south. It also shares a wate ...
and
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 ...
.
See also
*''
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 Constitut ...
''
*''
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 f ...
''
*''
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 links
''R v Hughes'' bailii.org
{{DEFAULTSORT:Hughes
2002 in United Kingdom case law
2002 in Saint Lucia
Death penalty case law
Judicial Committee of the Privy Council cases on appeal from Saint Lucia
Prisoners sentenced to death by Saint Lucia
Murder in Saint Lucia