Ccj Precedents

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BOYCE AND JOSEPH V ATTORNEY GENERAL BARBADOS
Jeffrey Joseph and Lennox Boyce were accused of murdering Marquelle hippolyte on April 10, 1999.They were found guilty on February 2, 2001 and sentenced to death by hanging. The Boyce and Joseph case went through the Barbados appellate process twice Judicial Committee of the Privy Council (2004) and Caribbean Court of Justice (2006). In 2002, their appeal to the Barbados Privy Council (BPC) for commutation of the death sentences was dismissed as well as their appeal to the Judicial Committee of the Privy Council (JCPC). Joseph and Boyce filed application before the Inter-American Commission on Human Rights (the “Commission”) for a declaration that of a violation of their rights under the American Convention on Human Rights (“IACHR”). On September 15, 2004, death warrants were read to Joseph and Boyce for an execution scheduled on September 21, 2004.
The Inter-American Court issued provisional measures requiring Barbados to preserve the lives of the two men pending the outcome of their petition to the Commission. The High Court dismissed the motion and the case then went to the Barbados Court of Appeals which ordered the death sentences commuted and substituted with life imprisonment. This case was heard before the CCJ. The Caribbean Court of Justice delivered its opinion which ultimately dismissed the Government’s Appeal of the commutation of the death sentences.
Two issues were brought before the CCJ but regardless of the resolution of these issues the CCJ agreed that the 1994 JCPC precedent of Pratt and Morgan would prohibit the execution of Joseph and Boyce; Prohibition of execution after five years had elapsed. In this case five years had elapsed on February 2, 2006.
PRATT AND MORGAN V ATTORNEY GENERAL JAMAICA
Earl Pratt and Ivan Morgan were accused of murder committed on October 6, 1977. On January 15, 1979…...

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