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Hinds v. The Queen

[1977] A.C. (1977)

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Hinds v. The Queen

Judicial Committee of the Privy Council
[1977] A.C. (1977)

KS

Facts

In Jamaica, the legal ownership of firearms by individuals was heavily restricted. Despite the strict prohibition on gun ownership, firearms were readily available illegally. Additionally, gun-related crimes were widespread. In response, the Jamaican parliament passed the Gun Court Act of 1974 (the gun court act), which created a special-punishment regime, including a gun court, that could impart harsh penalties on those individuals guilty of gun-related crimes. As part of the gun court, a nonjudiciary review board determined the severity of sentences given to those found guilty. The Jamaican government (defendant) prosecuted Hinds (plaintiff). Hinds was convicted of a gun-related crime and sentenced by the review board. Hinds ultimately appealed to the privy council, arguing that the review board was not constitutionally authorized to deprive individuals of their liberty.

Rule of Law

Issue

Holding and Reasoning (Diplock, J.)

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Comparative Constitutional Law

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