Practice and Procedure

(1) DEENISH BENJAMIN (2) DEOCHAN GANGA v TRINIDAD & TOBAGO (2012)

PUBLISHED March 13, 2012
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[2012] UKPC 8

Although it was not to be assumed that even highly persuasive evidence produced for the first time at the final appeal stage would be admitted, evidence from distinguished psychiatrists indicated that the low intelligence of two men convicted of murder might have affected their fitness to plead. That raised a substantial issue about the fairness of their trial and the safety of their convictions; the psychiatrists' further opinions that the reliability of the men's confessions could have been affected by their intellectual impairment, and that a defence of diminished responsibility could have been raised, required that the appeals be remitted to the Court of Appeal of Trinidad and Tobago.

PC (Trin) (Lord Kerr, Lord Clarke, Lord Wilson, Dame Heather Hallett, Dame Janet Smith)

13/03/2012

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