JCPC/2021/0117

Ricardo Farrington (Appellant) v The King (Respondent) (Bahamas)

Case summary


Case ID

JCPC/2021/0117

Jurisdiction

Bahamas

Parties

Appellant(s)

Ricardo Farrington

Respondent(s)

The King

Issue

Should the Appellant be re-sentenced for murder in light of the Privy Council's decision in Bowe and another v The Queen [2006] UKPC 10?

Facts

The Appellant was convicted of murder in November 1992, which at the time was understood as carrying a mandatory death sentence. In 1996, however, the Appellant's sentence was commuted by the Privy Council to one of life imprisonment on the ground that to carry out the death penalty after a period of delay would amount to inhuman punishment. In 2006, the Privy Council in the case of Bowe and another v The Queen ("Bowe") considered that section 312 of the Bahamian Penal Code should be construed as imposing a discretionary and not a mandatory sentence of death. Following Bowe, the Appellant has attempted unsuccessfully to apply to be re-sentenced so as to obtain a determinate tariff under his life imprisonment sentence. The Bahamian courts have ruled that they are unable to do so, however, because the sentence of life imprisonment was imposed by the Privy Council. The Appellant now appeals to the Privy Council.

Date of issue

15 December 2021

Appeal


Justices

Hearing dates

Start date

10 December 2024

End date

10 December 2024

Watch hearings


10 December 2024 - Morning session

10 December 2024 - Afternoon session

Change log

Last updated 10 December 2024

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