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27 April 2011

START DATE

END DATE

6-May-11

Curtis Mallory v Director of Public Prosecutions

COURT:

LAW:

JUDGE(S):

CLAIMANT'S LAWYER:

DEFENDANT'S LAWYER:

Supreme Court of Bermuda

Criminal Law Constitutional Law

Richard Ground

Mr. C. Richardson

Ms. C. Clarke

FACTS OF THE CASE:

Plaintiff convicted of robbery and using a firearm to commit an indictable offence challenges mandatory minimum sentences for using a firearm as disproportionate

SUMMARY:

Whether sentencing provisions under Firearms Act 1973 violate constitutional rights to proportionate sentencing

OUTCOMES:

Court held section 54 of Criminal Code applies to offenses under Firearms Act 1973 mandatory minimum sentences must consider proportionality but did not directly address constitutional issues

RULED IN FAVOUR OF:

Plaintiff

PLAINTIFF/CLAIMANT

DEFENDANT:

DURATION (DAYS):

ISSUES:

RELEVANCE:

RULING:

RULING TYPE:

CASES CITED:

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Curtis Mallory v Director of Public Prosecutions

Plaintiff convicted of robbery and using a firearm to commit an indictable offence challenges mandatory minimum sentences for using a firearm as disproportionate

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