Source: All England Reporter
Publisher Citation: [2008] All ER (D) 377 (Jun)
Neutral Citation: [2008] UKPC 32
Court: Privy Council
Judge:

Lord Hoffman, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Lord Carswell and Lord Mance

Judgment Dates: 9 June 2008

Catchwords

Trinidad and Tobago - Criminal law - Trial - Murder - Prosecution alleging defendants concocting story - Defendants convicted and sentenced to death - Pending defendants' appeal against decision new evidence coming to light - Court of Appeal dismissing defendants' appeal - Whether court erring.

The Case

Trinidad and Tobago Criminal law. Where the defendants had been convicted of murder in Trinidad and Tobago and had been sentenced to death, whilst the prosecution at trial had departed from good practice its conduct fell short of being so gross or reprehensible as to render the trial unfair. Moreover, given the strength of the prosecution case, the prospect that new material would have caused the jury to reach a different conclusion on the defendants' guilt was highly questionable and it did not render the conviction of the defendants unsafe. However, authority indicated that it would be unfair in the instant circumstances for the sentences of death to be carried out. Accordingly, the sentences of death would be set aside and substituted with sentences of life imprisonment in the case of each defendant.

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