[2017] 6 MLJ
A
B
Letitia Bosman v Public Prosecutor
(Tengku Maimun JCA)
113
the bag at the material time. She had ample opportunity to look into the trolley bag
before she made or continued her journey to Johor Bahru. She chose not to do that.
A person who on purpose shut her eyes to the obvious for the reason that she did not
want to know would be taken to have the necessary knowledge.
… It was the considered opinion of the Court that the demeanour and conduct as
well as the reaction of the accused upon the trolley bag being searched by SP5, SP6,
SP7 and SP8 respectively were clearly admissible under Section 8 of the Evidence
Act, 1950 on the issue whether the accused having knowledge of the impugned
drugs in the trolley bag (P13A) (see Parlan Dadeh v Public Prosecutor [2009] 1 CLJ
717).
C
THE CONSTITUTIONALITY OF THE MANDATORY DEATH
SENTENCE
D
E
F
G
H
I
[38] One of the cases cited by learned counsel that deserves mention is Reyes
v The Queen [2002] UKPC 11 where the Privy Council held that the
imposition of a mandatory death penalty on all those convicted of murder was
disproportionate, inappropriate and inhuman.
[39] For convenience, we reproduce below the facts of Reyes as appeared in
the head notes. The appellant (‘defendant’) was convicted on two counts of
murder by shooting, which by s 102(3)(b) of the Criminal Code of Belize was
classified as a class A murder. Pursuant to s 102(1) which prescribed a
mandatory death penalty for class A murder, he was sentenced to death on each
count. By the proviso to s 102(1) in the case of murder classified as B the court
might, where there were special extenuating circumstances, refrain from
imposing a death sentence and instead pass a sentence of life imprisonment.
The defendant’s appeal against conviction and sentence was dismissed by the
Court of Appeal of Belize. The judicial committee of the Privy Council
dismissed his petition for special leave to appeal against conviction but granted
leave to appeal against sentence so that he could challenge the constitutionality
of the mandatory class A murder on the ground, among others, that it infringed
his right not to be subjected to inhuman or degrading punishment or other
treatment contrary to s 7 of the Constitution of Belize. By s 2 any law
inconsistent with the Constitution was void to the extent of the inconsistency.
[40] On the defendant’s appeal against sentence to the judicial committee of
the Privy Council, the appeal was allowed. The Privy Council held, among
others that in requiring a mandatory sentence of death to be passed on the
defendant on conviction of murder by shooting, s 102 of the Criminal Code
precludes any judicial consideration of the humanity of condemning the
defendant to death and subjected him to inhuman or degrading punishment or
other treatment incompatible with the right afforded to him by s 7 of the
Constitution.
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