Bowe v R

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Bowe v R
Royal Arms of the United Kingdom (Privy Council).svg
Court Judicial Committee of the Privy Council
Full case nameForrester Bowe (Junior) and Trono Davis, Appellants v The Queen, Respondent
Decided8 March 2006
Citation(s)[2006] UKPC 10, [2002] 2 AC 235, [2006] 1 WLR 1623
Case history
Prior action(s) Court of Appeal of the Bahamas
Case opinions
Lord Bingham of Cornhill
Keywords
Capital punishment; inhuman or degrading punishment

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. [1] 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.

Contents

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

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<i>R v Hughes</i>

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.

<i>Fox v R</i>

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.

<i>Reyes v R</i>

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.

<i>Pratt v A-G for Jamaica</i>

Pratt v A-G for Jamaica is a 1993 Judicial Committee of the Privy Council (JCPC) case in which it was held that it was unconstitutional in Jamaica to execute a prisoner who had been on death row for 14 years. The JCPC held that because the Constitution of Jamaica prohibits "inhuman or degrading punishment", excessive delays cannot occur between sentencing and execution of the punishment. In cases of such excessive delay, the death sentence should be commuted to life imprisonment.

<i>Boyce v R</i> Case which upheld death sentence for murder in Barbados

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.

<i>Matthew v S</i> Judicial Committee of the Privy Council case

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.

References

  1. Robinson, Tracy; Bulkan, Arif (2017). "Constitutional Comparisons by A Supranational Court in Flux: The Privy Council and Caribbean Bills of Rights". The Modern Law Review. 80 (3): 379–411. ISSN   0026-7961.