Guerra v Baptiste

JurisdictionUK Non-devolved
Judgment Date06 November 1995
Date06 November 1995
CourtPrivy Council
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37 cases
  • Reckley v The Minister for Public Safety and Immigration et Al
    • United Kingdom
    • Privy Council
    • 5 February 1996
    ...nevertheless extended the stay of execution until after the hearing and determination of the appeal in the Trinidadian case of Guerra v. Baptiste and Others [1995] 3 W.L.R. 891, in which the Privy Council was being invited to reconsider the decision in de Freitas v. Benny. Judgment in the ......
  • Henfield v Attorney General of the Commonwealth of The Bahamas ; Farrington v Minister of Public Safety and Immigration and Others
    • United Kingdom
    • Privy Council
    • 14 October 1996
    ...but rather as a norm which may be departed from if the circumstances of the case so require. This is shown by two contrasting cases, Guerra v. Baptiste [1996] A.C. 397, from Trinidad, and Reckley v. Minister of Public Safety and Immigration (No. 2) [1996] A.C. 527, from The Bahamas. In Gue......
  • Joseph and Boyce v Attorney General et Al
    • Barbados
    • Court of Appeal (Barbados)
    • 31 May 2005
    ...or degrading punishment or other treatment’.” The principles established in Pratt and Morgan were explained by Lord Goff of Cheveley in Guerra v. Baptiste [1996] 1 A.C. 397 at pages 413F and 414H as follows: “[N]o fixed time is specified for the period within which execution should take pla......
  • Patrick Reyes v The Queen
    • United Kingdom
    • Privy Council
    • 11 March 2002
    ...same, and their meaning has been assimilated: see, for example, Lauriano v Attorney-General [1995] 3 Bz LR 77 at 85; Guerra v Baptiste [1996] AC 397 at 409-410. In R v Smith (Edward Dewey) [1987] 1 SCR 1045 at 1072 Lamer J said: "I would agree with Laskin CJ in Miller and Cockriell The Que......
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4 books & journal articles
  • Fundamental Rights
    • Nigeria
    • DSC Publications Online Sasegbon's Laws of Nigeria. Volume 11 Fundamental Rights
    • 3 July 2016
    ...and others (1998) 3 W.L.R. 208 (P.C) from the Commonwealth of the Bahamas, Lincoln Anthony Guerra v. Ciprian Baptist and others (1996) 1 A.C. 397 (P.C.) from the High Court of Republic of Trinidad and Tobago and Noel Riley and Others v. Attorney-General of Jamaica , (1983) 1A.C. 719 (P.C.),......
  • Reading Text and Polity: The Case for a Caribbean Supreme Court
    • Jamaica
    • Caribbean Constitutional Reform. Rethinking the West Indian Polity
    • 15 November 2002
    ...supra note 161, at 368. 200 Pratt and Morgan v. Attorney-General and Others (1993) 43 W.I.R. 340. 201 Guerra v. Baptiste and Others [1995] 3 W.L.R. 891. 202 Hensfield and Farrington v. Attorney-General and Others [1996] 3 W.L.R. 1079. 203 Quoted in The Barbados Advocate , Thursday, November......
  • Constitutional reform and the quest for a West Indian hermeneutics
    • Barbados
    • Caribbean Law Review No. 7-1, June 1997
    • 1 June 1997
    ...of section 15 of 315 Pratt and Morgan v. Attorney-General and Others (1993) 43 W.I.R. 340. 316 Guerra v. Baptiste and Others [1995] 3 W.L.R. 891. 317 Hensfield and Farrington v. Attorney-General and Others [1996] 3 W.L.R. 1079. the Barbados Constitution." 318 Specifically, the Privy Council......
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