[Test] - Wayne Alleyne and 4 others (Appellants) v The Attorney General of Trinidad and Tobago (Respondent) (Trinidad and Tobago)

Hearing listed

Case summary
Appeal

Case summary

Case ID

JCPC/2025/0024

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Wayne Alleyne, Lennard Sylvester, Winston Solomon, Junior Collins and Simon Habib

Respondent(s)

The Attorney General of Trinidad and Tobago

Issue

Were the appellants entitled to declaratory relief in respect of the breaches of their constitutional rights as identified by the Judge? What is the correct approach that the courts should adopt to the assessment and award of vindicatory (as opposed to compensatory) damages? Have the courts in Trinidad and Tobago adopted an erroneous approach to the assessment of damages awarded for the breach of constitutional rights?Were the appellants entitled to declaratory relief in respect of the breaches of their constitutional rights as identified by the Judge? What is the correct approach that the courts should adopt to the assessment and award of vindicatory (as opposed to compensatory) damages? Have the courts in Trinidad and Tobago adopted an erroneous approach to the assessment of damages awarded for the breach of constitutional rights?

Facts

In these consolidated appeals, the appellants were charged with murder, except for Mr Sylvester who was charged with attempted murder. At their respective trials, four of the appellants were found guilty but insane and ordered to be detained “until the President’s Pleasure is known” pursuant to section 67 of the Criminal Procedure Act Chapter 12:02 (“CPA”). Similarly, having been found guilty of manslaughter on the basis of diminished responsibility, Mr Solomon was ordered to be detained until the “President’s Pleasure is known” pursuant to section 4A (6) of the Offences Against the Person Act Chapter 11:08 (“OAPA”). According to those sentences, each appellant was detained at St. Ann’s Psychiatric Hospital (“St. Ann’s”).