Trinidad and Tobago's final court of appeal - the Privy Council - ruled on Wednesday that the mandatory death sentence against a convicted killer must be quashed on the grounds that it amounts to cruel and unusual punishment.
The ruling came in the case of Nimrod Miguel whop was convicted of murdering Rio Claro Ramesh Lalchan in 2003 after stealing Lalchan's vehicle.
The ruling came in the case of Nimrod Miguel whop was convicted of murdering Rio Claro Ramesh Lalchan in 2003 after stealing Lalchan's vehicle.
The High Court found Miguel guilty although in his defence Miguel claimed that he did not pull the trigger of the gun that killed Lalchan. Miguel appealed by the Court of Appeal dismissed the matter.
However the Privy Council changed that and saved the man from execution while upholding the murder conviction. The Law Lords considered whether the mandatory death sentence for felony murder inserted into the Criminal Law Act by a 1997 amendment of the Criminal Law was contrary to the constitution.
Lord Clarke said because the 1997 act added a new provision and did not repeal, alter or modify the existing legislation.
He said an enactment that alters an existing law does not derogate from any fundamental right guaranteed by this chapter of the Constitution, so Miguel's rights were protected.
Lord Clarke said because the 1997 act added a new provision and did not repeal, alter or modify the existing legislation.
He said an enactment that alters an existing law does not derogate from any fundamental right guaranteed by this chapter of the Constitution, so Miguel's rights were protected.
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