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Martin George & Company > Articles posted by site_admin (Page 34)

R v Vye; R v Wise; R v Stephenson

R v Vye; R v Wise; R v Stephenson                                   [1993] 3 All ER 241, [1993] 1 WLR 471, 97 Cr App Rep 134, 157 JP 953, [1993] 14 LS Gaz R 42, [1993] NLJR 400, (1993) Times, 22 February         Court: CA Crim Judgment Date: 18/02/1993   Catchwords & Digest CRIMINAL LAW, EVIDENCE AND PROCEDURE - CHARACTER OF ACCUSED – GOOD CHARACTER – CREDIBILITY AND PROPENSITY TO COMMIT OFFENCE – EFFECT OF DEFENDANT’S GOOD CHARACTER ON CREDIBILITY AND PROPENSITY TO COMMIT OFFENCE – DIRECTION TO JURY – DIRECTION TO JURY AS TO RELEVANCE OF GOOD CHARACTER TO CREDIBILITY WHERE DEFENDANT DOES NOT GIVE EVIDENCE BUT...

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AL-KHAWAJA AND TAHERY v. THE UK

FOURTH SECTION CASES OF AL-KHAWAJA AND TAHERY THE UNITED KINGDOM (Application nos. 26766/05 and 22228/06) JUDGMENT STRASBOURG 20 January 2009 Referral to the Grand Chamber 01/03/2010 This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.In the case of Al-Khawaja and Tahery v. the United Kingdom, The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of: Josep Casadevall, President, Nicolas Bratza, Giovanni Bonello, Kristaq Traja, Ljiljana Mijović, Ján Šikuta, Päivi Hirvelä, judges, and Lawrence Early, Section Registrar, Having deliberated in private on 16 December 2008, Delivers the following judgment, which was adopted on that date: PROCEDURE The cases...

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Spencer v Bramble

West Indian Reports/Volume 2 /Spencer v Bramble - (1960) 2 WIR 222 (1960) 2 WIR 222 Spencer v Bramble   SUPREME COURT OF TRINIDAD AND TOBAGO -- APPELLATE JURISDICTION BLAGDEN AND HYATALI JJ 6 OCTOBER 1959, 19 MARCH 1960   Practice -- Summary Courts -- Non-appearance of defendant -- Hearing ex parte -- Procedure to set aside conviction obtained ex parte -- Whether by way of appeal, case stated or certiorari -- Summary Courts Ordinance, Cap 3, No 4 [T], ss 41, 57 (1), 63 (1), (4), 127, 155 (1) -- Judicature Ordinance, Cap 3, No 1 [T], s 34.   Practice -- Appeals from Summary Court to Supreme Court...

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Sydney Frederick v Chief of Police

  West Indian Reports/Volume 11 /Sydney Frederick v Chief of Police - (1968) 11 WIR 330 (1968) 11 WIR 330   Sydney Frederick v Chief of Police   HIGH COURT OF JUSTICE, GRENADA (APPELLATE JURISDICTION) A M LEWIS CJ, AND ST BERNARD J 6 MARCH 1968   Magistrate - Case part heard when his acting appointment terminated - Magistrate subsequently re-appointed to complete this case and other part - heard cases - Hearing continued from point where it had stopped - Whether magistrate had jurisdiction to complete hearing - Validity of trial.   A person having been appointed in June 1966, to act as magistrate began the hearing of the case which...

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Paynter v Lewis

318  WEST INDIAN REPORTS  [(1965), 8 W.IR  before the jury of such a "convincing, cogent, and irresistible character" as to make it A apparent that, properly directed, the jury must inevitably have come to the same conclusion. In the present instance, however, we do not sit as a Court of Criminal Appeal. In reviewing the decisions of magistrates we are a court of rehearing, 80 that we are entitled to review the evidence in the light of the magistrato's assessment of its credibility and to arrive at a conclusion for ourselves on such corroborative evidenco as there is. Moreover, it is to be...

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McBean v R

230  West Indian Reports  (1976) 33 WIR    McBean v R  JUDICIAL COMMITTEE OF THE PRIVY COUNCIL LORD DIPLOCK, LORD MORRIS OF BORTH-Y-GEST, VISCOUNT DILHORNE,  нь LORD SIMON OF GLAISDALE and LORD CROSS OF CHELSEA 22nd JUNE 1976  C  Magistrate – Person ceasing to be - Proceedings not concluded – Assignment as magistrate to conclude hearing - Meaning of proceedings" – Civil or criminal matter - Judicature (Resident Magistrates) Act, Cap 179 [J], section 192 – Judicature (Resident Magistrates) (Amendment) Act 1966, No 33 (J), section 4 Fundamental rights and freedoms - Fair trial within a reasonable time - Proceed ings held in public - Court adjourning to...

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Beswick v R 

318  West Indian Reports  (1987) 36 WIR  Beswick v R  JUDICIAL COMMITTEE OF THE PRIVY COUNCIL LORD KEITH OF KINKEL, LORD BRANDON OF OAKBROOK, LORD GRIFFITHS, b LORD MACKAY OF CLASHFERN and SIR DUNCAN MCMULLIN 23rd JUNE, 20th JULY 1987  Magistrate - Functus officio - Conviction of defendant and sentence – Subsequent order vacating conviction and sentence – Whether jurisdiction to make subsequent order  C  'on change his plea and pleadecavuus  The appellant was charged with a minor offence at the traffic court. The hearing was adjourned and was resumed before a different magistrate. At the resumed hearing the appellant was properly allowed to change his plea and...

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AGDOMA v. TOMY

296 WEST INDIAN REPORTS [(1988), 12 W.I.R. AGDOMA v. TOMY [HIGH COURT OF ST. LUCIA-WEST INDIES ASSOCIATED STATES (Bishop and Peterkin, JJ.), July 29, 1968] Charges-Defendant charged with two offen008-Not present at hearing.com Personal service of summonse8 proved-Charges heard ex parte and convictions B recorded-- Appearance by defendant later samo day with counsel Medical certificato tonderod in wplanation of defondant's absence-Decision by magis. trato to set aside convictions and re-hear charges-Announcement by magistrato on date of the hearing that he would refer case to High Court-Opinion of High Oourt sought as to whothor decision to re-hear charges correct-Criminal Code, Cap. 260 (St. Lucia), 8....

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R v Rogers

*481 Regina v Rogers (Georgina)  Practice Note  Regina v Tapecrown Ltd  Regina v Beaman (Paul)  Court of Appeal  1 July 2016  [2016] EWCA Crim 801  [2017] 1 W.L.R. 481  Lord Thomas of Cwmgiedd CJ , Hallett LJ , Andrews J  2016 May 5; July 1  Crime—Sentence—Appeals against sentence—Appellant seeking to adduce fresh evidence on appeal—Guidance on application of statutory conditions—Exceptions where formal procedure for admission of fresh evidence not followed— Criminal Appeal Act 1968 (c 19), s 23 (as amended by Criminal Appeal Act 1995 (c 35), ss 4(1), 29, Sch 2, para 4(3), Sch 3 )  Crime—Sentence—Practice—Defendant pleading guilty to offence for which sentence mandatory—Defendant submitting exceptional circumstances justifying reduction...

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