Case No Privy Council Appeal No 47 of 2006Venue FROM THE COURT OF APPEAL OF THE BAHAMAS - - - - - - - - - - - - - - - - -
Between
JonesAppellantThe Queen (The Bahamas)Respondent
Before
Lord Walker of GestingthorpeLord CarswellLord Brown of Eaton-under-HeywoodDate 3 October 2006
[1]:- Lord Walker of Gestingthorpe Lord Carswell Lord Brown of Eaton-under-Heywood - - - - - - - - - - - - - - - - [Delivered by Lord Walker of Gestingthorpe ] On 14 February 2006 the petitioner's petition for leave to appeal against his conviction for murder was dismissed. His petition for leave to appeal against the mandatory death sentence passed on his conviction was adjourned to await the outcome of the appeal to Her Majesty in Council in Forrester Bowe and another v The Queen.[2]On 8 March 2006 the Board gave its decision in Forrester Bowe and another v The Queen [2006] UKPC 10 ; [2006] 1 WLR 1623 advising Her Majesty that section 312 of the Penal Code of the Bahamas (now section 291) should be construed as imposing a discretionary (and not a mandatory) sentence of death. The petitioner is in precisely the same position as the appellants in Forrester Bowe and another v The Queen . It follows (as the Crown accepts) that leave to appeal against sentence should be granted, the appeal allowed, the death sentence quashed and the case remitted to the Supreme Court for consideration of the appropriate sentence. The Board will humbly tender this advice to Her Majesty.