Case details

Layne (Appellant) v Attorney General of Grenada (Respondent) (Grenada)

Case ID: JCPC 2017/0017

Jurisdiction: The Court of Appeal of Grenada

Case summary

Issue(s)

Whether the Court of Appeal erred in holding that the judge did not wrongly exercise her discretion under section 17(1)(a) of the Legal Profession Act 2011 in refusing to admit the appellant to practise as an attorney at law on account of his conviction for murder.

Facts

The appellant was the deputy defence minister and operational commander of the People’s Revolutionary Army during the Grenada Revolution. He was convicted on 4 December 1986 of the murder of 10 people, including the then Prime Minister and members of his Cabinet. The appellant served his sentence and was released on 5 September 2009.

Having acquired the necessary education qualifications prescribed by law, the appellant, pursuant to section 17 of the Legal Profession Act 2011, filed a fixed-date claim in the Supreme Court of Grenada seeking admission to practise as an attorney at law.

The Supreme Court of Grenada considered whether the appellant met the good character requirement under section 17(1)(a) of the Legal Profession Act 2011. The judge refused the application on the basis that the appellant’s conviction for murder would damage the public reputation of the legal profession. On appeal, the Court of Appeal which upheld the decision of the judge.

Parties

Appellant(s)

Joseph Ewart Layne

Respondent(s)

Attorney General of Grenada

Appeal

Justices

Lord Kerr, Lord Wilson, Lord Sumption, Lady Black, Lady Arden

Hearing start date

24 Oct 2018

Hearing finish date

24 Oct 2018

Watch hearing
24 Oct 2018 Morning session