B v Queen, The

JurisdictionUK Non-devolved
Judgment Date06 May 1999
Date06 May 1999
CourtPrivy Council
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50 cases
  • DPP of Jamaica v Mollison
    • Jamaica
    • Court of Appeal (Jamaica)
    • 29 May 2000
    ...of the constitution and the circumstances in which it had been made." 46 Here is how Lord Hobhouse put it at 1162 in Browne v The Queen [1999] 3 WLR 1158: "It follows that the sentence prescribed by section 3(1) of the Act of 1873 is contrary to the Constitution of Saint Christopher and Ne......
  • Director of Public Prosecutions v Mollison (No. 2)
    • United Kingdom
    • Privy Council
    • 22 January 2003
    ...50 at 72; R v Secretary of State for the Home Department, Ex p Venables [1998] AC 407 at 498-500, 519-524, 530-532; Browne v The Queen [2000] 1 AC 45 at 47-49; V v United Kingdom (1999) 30 EHRR 121, para 110. It was a sentence of this character which was transplanted from the United Kingd......
  • Chantelleday v The Cayman Islands
    • Cayman Islands
    • Grand Court (Cayman Islands)
    • 29 March 2019
    ...The Jamaica (Constitution) Order in Council 1962, section 4. 181 At pp 72—76 (inclusive) of their skeleton arguments, citing Browne v R [2000] 1 AC 45 (PC); DPP of Jamaica v Mollison [2003] 2 UKPC 6; [2003] 2 AC 411; Reyes v The Queen [2002] UKPC 11; [2002] 2 AC 235; R v Hughes [2002] UK......
  • Watson (Lambert) v R
    • Jamaica
    • Court of Appeal (Jamaica)
    • 16 December 2002
    ...powers [see Hinds case (supra)]. 82 Dr. Barnett in support of his contention relied to some extent on the case of Browne v. The Queen [1999] 3 W.L.R. 1158, which concerned the question of whether a sentence which was for the offender uto be detained until the pleasure of the Governor Gener......
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4 books & journal articles
  • Mandatory sentencing for people smuggling: issues of law and policy.
    • Australia
    • Melbourne University Law Review Vol. 36 No. 2, August 2012
    • 1 August 2012
    ...the statements of the Supreme Court of Ireland in Deaton v A-G (UK) [1963] IR 170, 182-3 (O Dalaigh CJ). See also Browne v The Queen [2000] 1 AC 45 (where a provision stipulating that juvenile sentences are subject to executive discretion was held invalid); International Finance Trust Co Lt......
  • Constitutional reform and the abolition of the mandatory death penalty in Kenya.
    • United States
    • Suffolk University Law Review Vol. 45 No. 2, March 2012
    • 22 March 2012
    ...his sentencing judgment for that of a trial judge in certain cases involving minors sentenced to death. Browne v. The Queen, [1999] 3 W.L.R. 1158 (P.C.). The Privy Council declined to follow Browne in Matthew. Lehrfreund's argument was successful, however, when the Supreme Court of Uganda a......
  • Barbados: Felony Murder Rule; Mandatory Sentences
    • United Kingdom
    • Journal of Criminal Law, The No. 69-4, August 2005
    • 1 August 2005
    ...the length of a sentence is for the courtsrather than the executive: see, for example, R v Venables and Thompson[1998] AC 407; Browne v R[2000] 1 AC 45 (St Kitts and Nevis) and DPPvMollison [2003] UKPC 6, [2003] 2 AC 411 (Jamaica), (2003) 67 JCL314. The decision with regard to the sentences......
  • Juveniles
    • Jamaica
    • Criminal practice and procedure in the Magistrates' Courts in the Commonwealth Caribbean
    • 18 June 2010
    ...executive instead of the judiciary, the necessary modification to ensure conformity with the Constitution is (as in Browne v The Queen [2000] 1AC 45) to substitute “The Courts” for “Her Majesty’s” in sub-section (1) and “The Court” for each reference to “The Governor General” in subsection ......

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