15th Jun 2011

Facts

Former members of chambers James Dingemans QC and door tenant, Daniel Tivadar appeared for the appellant and Peter Knox QC appeared for the respondent in this capital appeal from Trinidad and Tobago before Lords Rodger, Brown, Kerr, Clarke and Dyson in the Privy Council.

The Appellant  succeeded in having his sentence of death declared unconstitutional but was unsuccessful in  the separate appeal against conviction. Their Lordships held that the imposition of the mandatory sentence of death pursuant to the Criminal Law Act 1979 was unconstitutional as the felony murder rule had ceased to apply in 1979 and its attempted reintroduction was not saved as an “existing law” under the Constitution. The death penalty was quashed and the matter was remitted for sentencing.

You can download the judgment here.


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Peter Knox QC

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Daniel Tivadar

Daniel Tivadar

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