Visit UKSCJCPC/2018/0090
•
CONSTITUTIONS
Duncan and Jokhan (Appellants) v Attorney General of Trinidad and Tobago (Respondent)
Case summary
Case ID
JCPC/2018/0090
Jurisdiction
Trinidad and Tobago
Parties
Appellant(s)
Duncan and Jokhan
Respondent(s)
Attorney General of Trinidad and Tobago
Issue
Whether an error of the Court of Appeal of Trinidad and Tobago, resulting in the appellants serving a lengthier prison sentence than they should have done, amounts to a breach of section 4(a) of the Constitution of Trinidad and Tobago.
Facts
The appellants were convicted on 4 June 1999 for housebreaking, larceny and misbehaviour in public office. They were sentenced to 15 years’ imprisonment. In 2001, the Court of Appeal quashed their convictions for housebreaking and larceny but affirmed their sentence of imprisonment. It is agreed by both parties that the Court of Appeal failed to consider, as it was required to under section 49(1) of the Supreme Court of Judicature Act Chapter 4:01, whether the appellants’ sentence should be backdated to the date of their conviction instead of starting to run from the date of the appeal. As a result of this error, it is agreed by both parties that the appellants were served 29 months longer in prison than the sentences passed upon them permitted or required. The appellants brought the present claim in March 2011 seeking compensation and declaratory relief that they had been unlawfully imprisoned contrary to section 4(a) of the Constitution of Trinidad and Tobago. The claim was rejected in 2013 and their appeal to the Court of Appeal was dismissed in 2017. The appellants now appeal to the Judicial Committee of the Privy Council.
Date of issue
25 August 2018
Judgment details
Judgment date
12 July 2021
Neutral citation
[2021] UKPC 17
Judgment links
Appeal
Justices
Hearing dates
Start date
2 February 2021
End date
2 February 2021
Watch hearings
2 February 2021 - Morning session
2 February 2021 - Afternoon session
All videos on this page are recorded and transmitted in line with the Court's terms of use. These can be found here.. Please Note: Every effort is being made to provide a satisfactory streaming service of the Supreme Court judgments and hearings. However, these services may be subject to technical issues or delay, in which case we will attempt to resolve them as soon as possible.
Change log
Last updated 9 May 2024