18 August

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Bad Character Evidence

https://www.cps.gov.uk/legal/a_to_c/bad_character_evidence/ Bad Character Evidence Law ◦ Definitions ◦ Exclusions Bad Character of Defendants ◦ Admissibility ◦ Exclusion of Bad Character evidence ◦ Power of Court to discharge Bad Character of Non-Defendants Policy ◦ Prosecution Policy: Defendants ◦ Prosecution Policy: Non-Defendants Procedure ◦ Charging ◦ Case preparation ◦ Proving Convictions and other reprehensible conduct ▪ Convictions ▪ Cautions ▪Penalty Notices for Disorder (PND) ▪ CRIS Reports ▪ Acquittals ◦ Defendants: convictions and reprehensible conduct ◦ Non-Defendants: Convictions and reprehensible conduct ◦ Seven Gateways of Admissibility ▪ Agreement of the parties section 101(1)(a) ▪ Waiver by the defendant section 101(1)(b) ▪ Important explanatory evidence section 101(1)(c) ▪Relevant to an important matter in issue between the defendant and the prosecution section 101(1)(d) ▪ Propensity to commit...

18 August

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SEERATTAN v STATE

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in Bad Character

REPUBLIC OF TRINIDAD AND TOBAGO IN THE COURT OF APPEAL CR APP N0. 32/2013 Between PAUL VINCENT SEERATTAN Appellant And THE STATE Respondent ************************* JUDGMENT PANEL: Yorke-Soo Hon J.A. Bereaux J.A. Moosai J.A APPEARANCES: Mr. Jagdeo Singh and Mr. Criston Williams instructed by Ms. Adaphia Trancoso for the Appellant. Ms. Joan Honore´-Paul for the Respondent. DATE DELIVERED: 24th July, 2017 Delivered by: Justice A. Yorke-Soo Hon, J.A. INTRODUCTION 1.On 8th November, 2013, the appellant was convicted before Mr. Justice Mark Mohammed and a jury in the First Criminal Court San Fernando, on two counts of murder and has appealed the convictions. CASE FOR THE PROSECUTION COUNT ONE On the 22nd...

18 August

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ALEXANDER v STATE

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REPUBLIC OF TRINIDAD AND TOBAGO IN THE COURT OF APPEAL Cr. App. No 16 of 2012 Between CURTIS HERBERT ALEXANDER (also called Shabba) – Appellant and THE STATE - Respondent PANEL: Weekes, J.A. Yorke – Soo Hon, J.A. Mohammed, J.A. APPEARANCES: Ms. K. Byer for the Appellant Mrs. A. Teelucksingh-Ramoutar and Mrs. T. Hudlin-Cooper for the Respondent DATE DELIVERED: 7th July 2015 JUDGMENT Delivered by: Mohammed J.A. INTRODUCTION (1) On October 8th 2012, the Appellant was convicted of the rape of the virtual complainant (“N”) and sentenced to a term of imprisonment of twenty years with hard labour, to start from that day. THE PROSECUTION CASE (2) The Prosecution’s case was that...

18 August

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RAMBERAN v STATE

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REPUBLIC OF TRINIDAD AND TOBAGO IN THE COURT OF APPEAL Cr. App. No. 14 of 2010 BETWEEN RAMPERSAD RAMBERAN Appellant And THE STATE Respondent PANEL: Ivor Archie, C.J. Paula-Mae Weekes J.A. Alice Yorke-Soo Hon, J.A. APPEARENCES: Ms. J. Honoré-Paul for the State. Mr. Jagdeo Singh for the Appellant. DATE DELIVERED: 9th May, 2013 Delivered by: A. Yorke-Soo Hon, J.A. JUDGMENT 1.On 1stNovember 2010, the appellantwas convicted for the offences of sexual intercourse with a female under the age of fourteen. He was sentenced to seventeen years imprisonment and has appealed both the conviction and sentence. The Prosecution Case The virtual complainant, S.S., lived in Mayo with her mother, her stepfather (the appellant),...

18 August

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Bad News for Good Character (R v Hunter)

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20/04/2015 In R v Hunter & Ors [2015] EWCA Crim 631, a specially constituted 5-member Court of Appeal (Thomas CJ, Sir Brian Leveson P, Hallett LJ, Coulson & Globe JJ) considered the question of when a good character direction is required, and the effect on the safety of convictions where one is required but is not given. Judgment was handed down last week (16.4.15) and GCN's Matthew Stanbury has considered this judgment on his blog The Public Lawyer , which is reproduced below with permission: Bad News for Good Character [originally published at https://thepubliclawyer.com/2015/04/16/bad-news-for-good-character/ ] In R v Hunter & Ors[2015] EWCA Crim 631,...

15 August

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Duke v State

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in Bail

TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE H.C. Cr. No 70/07 THE STATE V SAMUEL DUKE Before the Hon. Mr Justice Rajiv Persad. Appearances: Mr. Quincy Marshall for the State. Mr. Joseph George for the Accused. RULING Introduction: The Applicant is before the court upon an indictment charged with one count of Incest and one count of Serious Indecency arising out of an allegation by the Virtual Complainant that her father the accused had sex with her on the 15th October 1999. The Prosecution has applied to the court to have tendered before the jury evidence of the Accused’s bad character in the form of other evidence from the Virtual Complainant...

15 August

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FERGUSON & GALBARANSINGH v AG

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in Bail

THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE COURT OF APPEAL CIVIL APPEAL 2010 – 270 CV 2010 - 004144 BETWEEN STEVE FERGUSON ISHWAR GALBARANSINGH Appellants/Applicants AND THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO Respondent PANEL: I. Archie C.J Weekes J.A. Soo-Hon J.A APPEARANCES: Mr. F. Hosein S.C. and Mr. R. Dass for the First Appellant Mr. A. Mitchell Q.C. and Mr. R. Persad for the Second Appellant Mr. A. Sinanan S.C. and Mr. K. Ramkissoon for the Respondent Dated: 23 February 2011 JUDGMENT We have come to the conclusion that the Court of Appeal has no inherent jurisdiction to entertain an application for bail and, in the absence of any applicable statutory provision or...

15 August

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FERGUSON v STATE

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REPUBLIC OF TRINIDAD AND TOBAGO IN THE COURT OF APPEAL Crim. App. No. 007 of 2014 BETWEEN ROGER FERGUSON APPELLANT AND THE STATE RESPONDENT PANEL: Mendonca, J.A. Narine, J.A. Mohammed, J.A. APPEARANCES: Mr. D. Khan, Mrs. U. Nathai-Lutchman and Ms. S. Hinds for the Appellant Mr. G. Busby, Assistant D.P.P. and Mrs. A. Teelucksingh-Ramoutar, Assistant D.P.P. for the Respondent DATE OF DELIVERY: 16th December, 2016. MAJORITY JUDGMENT Delivered by M. Mohammed, J.A., Mendonca, J.A. concurring; Narine, J.A. dissenting on Ground 6. Introduction: On the 22ndMarch, 2012, the appellant, Roger Ferguson, was convicted of the offence of possession of a dangerous drug, namely, cannabis sativa for the purpose of...

13 August

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Persad v Persad ( CA Civ 130/200)

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in Family - Property Maintenance

REPUBLIC OF TRINIDAD AND TOBAGO IN THE COURT OF APPEAL Civi[ Appeal No. 130 of 2008 BETWEEN MANICKRAM PERSAD APPELLANT WENDY PERSAD RESPONDENT PANEL: A. MENDONCA, J.A. P. JAMADAR , J.A N. BEREAUX, J.A. APPEARANCES: Mr. R. Dass and Mr. D. Punwasee for the Appellant. DATE OF DELIVERY: 31st October, 2811.Mr. R. Sowley and Ms. S. Bullen for the Respondent. I have read the judgment of P. Jamadar, J.A. and I agree that the appeal be allowed and the case be remitted to the trial court, before another judge A. Mendonca Justice of Appeal I have also read the judgment of P. Jamadar. J.A. and I agree that the appeal be allowed and the case be remitted...

13 August

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Kalloo v. Kalloo

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in Family - Property Maintenance

REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE (Family Court Division) No: FH 00853 of 2006 KAREN KALLOO Applicant AND ZAINOOL KALLOO Respondent Before: The Honourable Madam Justice A. Ramkerrysingh Date: Tuesday, 10th July, 2007 Appearances: Ms. Janice Clarence-Quamina for the Petitioner; Ms. Joan Byrne for the Respondent JUDGMENT Introduction Facts This case involves a 32 year marriage, the parties (to whom I shall refer as “the Husband” and “the Wife” although the decree nisi was granted in 2006) were married in 1974. The Husband is now 59 years old and on pre-retirement leave. He will turn...

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