08 August

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LAWES v. R

LAWES v. R Citation # JM 2011 CA 106 Country Jamaica Court Court of Appeal Judge Panton, P.; Harris, J.A.; Phillips, J.A. Subject Criminal practice and procedure Date November 10, 2011 Suit No. Criminal Appeal No. 150 of 2008 Subsubject Identification by witness – Whether trial was unfair – Issue of lack of evidence – Improper police procedures – Miscarriage of justice – Quality of identification most important – Issue should have been withdrawn from jury – Appeal allowed – Conviction quashed. Appearances: Gayle Nelson for the applicant The Crown was not represented PHILLIPS, J.A.: [1] At a trial in the Circuit Court held in Kingston before Straw, J. and a jury, between 13 and 21 November 2008, the applicant...

08 August

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R. v. HASSOCK

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in Confrontation

R. v. HASSOCK Citation # JM 1977 CA 16 Country Jamaica Court Court of Appeal Judge Robinson, P. | Watkins, J.A. | Melville, J.A. (Ag) Subject Criminal law Date June 17, 1977 Suit No. Criminal Appeal No. 111 of 1976 Subsubject Appeal against conviction - Firearms Appearances: Howard Hamilton for the applicant Mrs. Marva McIntosh for the crown MELVILLE, J.A. (Ag.): On the 13th day of June 1976, the applicant was convicted in the Gun Court of illegal possession of a firearm (Ct 1); robbery with aggravation (Ct II); shooting with intent (Ct IV); illegal possession of firearm (Ct V). He was acquitted on the 3rd count which charged robbery with aggravation. Counts I and II were concerned with the robbery of a Mr....

08 August

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WATCHE v. FORBES

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in Compensation

saCitation: TT 2003 CA 58 Title: WATCHE v. FORBES Country: Trinidad and Tobago Court: Court of Appeal Suit No.: Magisterial Appeal No. 281 of 2003 Judge(s): Hamel-Smith, J.A.; Nelson, J.A. Date: December 15, 2003 Subject: Practice and procedure Subsubject: Compensation - Magistrate's court - Appellant charged with offence of driving without due care and attention contrary to s.77(3) of the Summary Courts Act - Appellant made to pay compensation to respondent - Whether the compensation ordered by the magistrate was excessive - Court should refrain from making compensation orders - Victim should pursue his civil remedies - Orders for compensation quashed. Appearances: Mr. P. Godson-Phillip for the appellant. Mr. R. Boodoosingh...

04 August

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Taylor v Chief Constable of Cheshire

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in Criminal Law - Admissibility of photographs

All England Law Reports/1987/Volume 1 /Taylor v Chief Constable of Cheshire - [1987] 1 All ER 225 [1987] 1 All ER 225 Taylor v Chief Constable of Cheshire QUEEN'S BENCH DIVISION RALPH GIBSON LJ AND MCNEILL J 27 OCTOBER 1986 Criminal evidence - Video recording - Offence viewed on visual display unit - Admissibility of what was seen on visual display unit or video recording - Recording not available at trial - Whether evidence of contents of video recording inadmissible as hearsay - Whether evidence of what was seen on visual display unit or video recorder admissible as direct evidence of what was seen to be...

04 August

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REGINA v. DODSON ; REGINA v. WILLIAMS

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in Criminal Law - Admissibility of photographs

Weekly Law Reports (ICLR)/1984/Volume 1 /REGINA v. DODSON ; REGINA v. WILLIAMS - [1984] 1 WLR 971 [1984] 1 WLR 971 REGINA v. DODSON ; REGINA v. WILLIAMS [COURT OF APPEAL] 1984 April 9; 12 Watkins L.J., Park and Jupp JJ. Crime -- Evidence -- Identity -- Photographs taken by automatic security cameras -- Cameras activated during attempted armed robbery -- Whether photographs admissible in evidence Three armed men entered a building society office; one of them fired a shot gun and shattered a glass bandit-screen on the counter. The manager operated the alarm button. This activated two security cameras which began taking photographs at half-second...

04 August

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R v Wood

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in Criminal Law - Admissibility of photographs

R v Wood (1982) 76 Cr App Rep 23 Court: CA Judgment Date: circa 1982 Catchwords & Digest CRIMINAL LAW, EVIDENCE AND PROCEDURE - EVIDENCE - METHOD OF PROOF - DOCUMENTARY EVIDENCE - DOCUMENTS AND TAPE RECORDINGS - CALCULATIONS BY COMPUTER After the theft of certain metals, metals of the same type were found in the defendant's possession. In order to establish whether they were part of the stolen metals, chemists subjected them to elaborate analysis of which certain complicated calculations were a necessary part. These were carried out by means of a computer. On the basis of that analysis the metals in the defendant's possession...

04 August

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R v Tolson

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in Criminal Law - Admissibility of photographs

R v Tolson (1864) 4 F & F 103, 176 ER 488 Court: NP Judgment Date: circa 1864 Catchwords & Digest CRIMINAL LAW, EVIDENCE AND PROCEDURE - EVIDENCE - METHOD OF PROOF - IDENTIFICATION - BY PHOTOGRAPH -- IN GENERAL On an indictment for bigamy, a photographic likeness of the first husband allowed to be shown the witnesses present at the first marriage, in order to prove his identity with the person mentioned in the marriage certificate. The photograph was admissible because it is only a visible representation of the image or impression made upon the minds of the witnesses by the sight of the person or...

04 August

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R v Roberts and Anor

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in Criminal Law - Admissibility of photographs

All England Official Transcripts (1997-2008) R v Roberts and anor [1998] Lexis Citation 1534 (1998) Crim LR 682 (Transcript: Smith Bernal) COURT OF APPEAL (CRIMINAL DIVISION) LORD BINGHAM CJ, BRIAN SMEDLEY, THOMAS JJ 6 APRIL 1998 6 APRIL 1998 S Bassra for the Appellants; B Kealy for the Crown LORD BINGHAM CJ (Reading the Judgment of the Court): In March 1997 these two appellants stood trial in Leeds Crown Court before His Honour Judge Grant and a jury on an indictment containing three counts. All three counts related to events which took place late in the evening of Saturday, 16 September 1995 in the centre of Leeds. Count 1 charged the appellants...

04 August

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R v Imran and Hussain

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in Criminal Law - Admissibility of photographs

Official Transcripts (1990-1997) R v Imran and Hussain [1997] Lexis Citation 1058 [1997] Crim LR 754 (Transcript: Smith Bernal) COURT OF APPEAL (CRIMINAL DIVISION) LORD BINGHAM OF CORNHILL LCJ, ROUGIER, MAURICE KAY JJ 9 JUNE 1997 9 JUNE 1997 N Stevens for both Applicants ROUGIER J (reading the judgment of the court): It so happens that on 10 May 1995 the police had set up a concealed look-out on some matter which has never been identified. As ill-luck would have it for four young men that was the day when an attempted robbery of a shop took place in Warwick Road, Birmingham, which was, in fact, recorded on the video cameras...

04 August

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R v Cook

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in Criminal Law - Admissibility of photographs

All England Law Reports/1987/Volume 1 /R v Cook - [1987] 1 All ER 1049 [1987] 1 All ER 1049 R v Cook COURT OF APPEAL, CRIMINAL DIVISION WATKINS LJ, DRAKE AND OGNALL JJ 13 NOVEMBER, 9 DECEMBER 1986 Criminal evidence - Identity - Photofit picture - Admissibility - Whether photofit picture admissible in evidence - Whether admission of photofit picture contrary to hearsay rule. A photofit picture of a defendant is admissible at his trial as part of a witness's evidence and does not constitute a breach of either the hearsay rule or the rule against the admission of earlier consistent statements (see p 1054 j, post). R...

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