[2010] UKPC 13
Where there had been an 11-year gap between a defendant being charged and sentenced for the commission of minor drugs offences in Mauritius and where, during that period, the statutory minimum penalties for drug offences had been relaxed, it was appropriate to remit his case to the Supreme Court of Mauritius for reconsideration of the sentence. The minimum custodial sentence under the legislation in force when the offences were committed was grossly disproportionate compared to the legislation which had come into force by the time of sentencing.
PC (Mau) (Lord Phillips, Lord Rodger, Lord Walker, Lord Brown, Lord Clarke)
21/07/2010