[2011] UKPC 14
The imposition of the mandatory sentence of death pursuant to the Criminal Law Act 1979 s.2A as inserted by the Criminal Law (Amendment) Act 1997 s.2 was unconstitutional, since the felony murder rule had ceased to apply in 1979 and the 1997 Act was not an enactment within s.6 of the Constitution. The death penalty was quashed and the matter remitted for sentencing.
PC (Trin) (Lord Rodger JSC, Lord Brown JSC, Lord Kerr JSC, Lord Clarke JSC, Lord Dyson JSC)
15/06/2011