||All England Reporter
|| All ER (D) 150 (Mar)
|| UKPC 12
Lord Bingham of Cornhill, Lord Hutton, Lord Hobhouse of WoodBorough, Lord Miillett and Lord Rodger of Earlsferry
||11 March 2002
Criminal law - Murder - Capital murder - Statute providing for mandatory death penalty on conviction of murder - Whether mandatory death sentence torture or inhuman or degrading punishment - Whether unconstitutional - Criminal Code of Saint Lucia, s 178 - Constitution of Saint Lucia, ss 5, 120 - Saint Lucia Constitution Order 1978, Sch 2, para 10.
To the extent that s178 of the Criminal Code of Saint Lucia was to be regarded as authorising the infliction of the death penalty in all cases of murder, it could not be held to be inconsistent with s5 of the Constitution, which prohibited torture or inhuman or degrading punishment. However, to the extent that it went further and actually required the infliction of the death penalty in all case of murder, it was inconsistent and void under the Constitution.
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