Death Penalty.docx - Lecture NB Abe Dabdoub vs Daryl Vaz dual citizenship case Chief Justice ZALA MAKALA Court of Appeal president DENNIS MORRISON

Death Penalty.docx - Lecture NB Abe Dabdoub vs Daryl Vaz...

This preview shows page 1 - 2 out of 4 pages.

Lecture 1/11/17 NB Abe Dabdoub vs Daryl Vaz dual citizenship case Chief Justice ZALA MAKALA Court of Appeal president DENNIS MORRISON Political Ombudsman DONNA PARCHMENT BROWN Continuing Death Penalty Lambert Watson case, he killed two persons his 9-month-old daughter and the child’s mother, two counts of non-capital so death penalty was given at the court of appeal. The Privy Council said it was cruel and inhuman treatment to give the death penalty. Note that the applicant’s personal background and circumstances of his case were of relevance, the judges ruled that in the capital murder cases there will now be two hearings 1. A trial to determine guilt/ culpability 2. A sentencing hearing, in this hearing character witnesses could give evidence with a view to having a lesser form of punishment instead of the death penalty. Because of the Lambert Watson case the OAPA was amended in 2005 including life imprisonment as an alternative punishment in capital murder cases, therefore in Jamaica the death penalty is now discretionary. Evon Smith This case illustrates that death penalty provisions are strictly interpreted by the Privy Council. Smith was convicted for capital murder in furtherance of burglary after breaking into a house at night through a window and chopping his girlfriend to death. Our OAPA required more than the sole purpose of committing murder it required a duality at purpose which was not present in this case in other words, Smith went in to kill only and not to commit any other criminal offense (example stealing) and the OAPA contemplated a situation where smith for example went to steal and to assist that process he committed murder. 2009 Daniel Dick -Trimmingham (St. Vincent and the Grenadines) also applicable to Jamaica NB St. Vincent and Belize cases must be included when discussing Jamaica’s cases gruesome murder, cutting of the throat cutting off the head and slitting the belly, was carrying a fire arm and robbed the man which was an elderly man. However, the Privy Council stated two basic principles that judges in the Caribbean should follow where the death sentence is discretionary. This case wouldn’t apply to Barbados and Trinidad and Tobago.
Image of page 1
Image of page 2

You've reached the end of your free preview.

Want to read all 4 pages?

  • Summer '17
  • Dr Geese

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask ( soon) You can ask (will expire )
Answers in as fast as 15 minutes
A+ icon
Ask Expert Tutors