Skip to main content

Case details

Stubbs (Appellant) v The Queen (Respondent) (Bahamas)

Case ID: JCPC 2021/0022

Jurisdiction: Court of Appeal of the Commonwealth of the Bahamas

Case summary

Issue

Whether the Court of Appeal’s order is unconstitutional.

Facts

In April 1984, the Appellant was sentenced to 7 years imprisonment after being found guilty of rape and housebreaking. The Court of Appeal allowed his appeal in February 1985 and substituted the jury’s verdict for a verdict of "guilty but insane". The Court of Appeal also ordered that the Appellant "be conveyed to Sandilands Rehabilitation Centre, there to be kept until discharged by order of the Governor General".

Some 37 years later, the Appellant remains at Sandilands Rehabilitation Centre. He seeks to appeal the Court of Appeal’s order to the Judicial Committee of the Privy Council on the basis that it is unconstitutional.

Parties

Appellant(s)

Eric Christopher Stubbs

Respondent(s)

The Queen

Appeal

Justices

Lord Lloyd-Jones, Lady Arden, Lord Hamblen, Lord Burrows, Dame Kathryn Thirlwall

Hearing start date

14 Dec 2021

Hearing finish date

15 Dec 2021