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Case details

Boodram (Respondent/Cross-appellant) v Attorney General of Trinidad and Tobago (Appellant/Cross-respondent) (Trinidad and Tobago)

Case ID: JCPC 2018/0106

Jurisdiction: Court of Appeal of the Republic of Trinidad and Tobago

Case summary

Issue

Whether Mr Boodram should be awarded his costs of the proceedings before the courts below.

Facts

Mr Boodram was convicted of murder on 27 November 1996 and sentenced to death. In 2007, Mr Boodram commenced proceedings to have his death sentence quashed and to be resentenced by the High Court of Trinidad and Tobago. The High Court commuted his sentence to one of life imprisonment, considering that it did not have discretion to resentence him individually, and made no order as to costs. Mr Boodram appealed successfully to the Court of Appeal of Trinidad and Tobago, who found that the High Court was not constrained to impose a sentence of life imprisonment.

The Court of Appeal remitted his case to the High Court to consider the appropriate sentence in the circumstances. The Court of Appeal made no order as to costs. The Attorney General is pursuing an appeal before the Judicial Committee of the Privy Council in relation to the nature and limits of the High Court’s discretion to resentence Mr Boodram. Mr Boodram cross-appeals in respect of the Court of Appeal’s decision that there should be no costs award in his favour.

Parties

Appellant(s)

Attorney General of Trinidad and Tobago

Respondent(s)

Naresh Boodram

Appeal

Justices

Lord Lloyd-Jones, Lord Sales, Lord Hamblen, Lord Stephens, Sir Timothy Holroyde

Hearing start date

16 November 2021

Hearing finish date

17 November 2021