Ali v The Queen

Details

Type: Case

Citation: [1992] 2 AC 93, PC

Summary: Defendants charged with importing drugs and trafficking — Pursuant to statutory provision Director of Public Prosecutions requiring trial in Supreme Court of Mauritius before judge without jury — In such proceedings death sentence mandatory on conviction for trafficking — Defendants sentenced to death — Director had discretion as to trial court but since that enabled Director ( an officer of executive) to select the penalty the statutory provision infringed principle of separation of powers implicit in Constitution and was invalid

Author:

Court: PC

Jurisdiction: Mauritius

Date 1992