Source: All England Reporter
Publisher Citation: [2002] All ER (D) 149 (Mar)
Neutral Citation: [2002] UKPC 11
Court: Privy Council
Judge:

Lord Bingham of Cornhill, Lord Hutton, Lord Hobhouse of Woodborough, Lord Millett and Lord Rodger of Earlsferry

Judgment Dates: 11 March 2002

Catchwords

Criminal law - Murder - Capital murder - Statute providing for mandatory death penalty on conviction of murder by shooting - Whether mandatory death sentence imposed on defendant inhuman or degrading punishment or other treatment - Criminal Code of Belize, s 102(3)(b) - Constitution of Belize, ss 3,4,7.

The Case

Section 102(3)(b) of the Criminal Code of Belize requiring sentence of death to be passed on the defendant on his conviction for murder by shooting subjected him to inhuman or degrading punishment or other treatment incompatible with his right under s7 of the Constitution of Belize in that it required sentence of death to be passed and precluded any judicial consideration of the humanity of condemning him to death.

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