3/21/2018
START DATE
END DATE
10-Aug-18
Justin Parsons v The Attorney General and Minister of Legal Affairs
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
Civil Law
Justice Shade Subair Williams
Mrs. Susan Mulligan (Christopher?s)
Mrs. Shakira Dill-Francois (Deputy Solicitor General)
FACTS OF THE CASE:
Justin Parsons was charged with unlawful assault and sexual assault convicted and mandatorily remanded for assessment under section 329E(1) deemed unconstitutional
SUMMARY:
Whether section 329E(1) mandating remand for assessment upon conviction for serious personal injury offenses is constitutional
OUTCOMES:
Section 329E(1) is unconstitutional as it contravenes the right against arbitrary arrest and detention under the Bermuda Constitution. The court must first assess if an offender faces an immediate custodial sentence of 3 years or more before deciding on remand for assessment
RULED IN FAVOUR OF:
In favour of Plaintiff
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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