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Martin George & Company > Articles posted by site_admin (Page 80)

George: All not well in Judiciary

DESPITE Chief Justice Ivor Archie’s staunch defence of his stewardship at the ceremonial opening of the law term on Monday, attorney Martin George begs to differ and believes there is still a prevailing sentiment in various quarters that all is not well in the Judiciary. “It appears that notwithstanding all that has been said and done, the perception persists that all is not well in the state of Denmark,” George told Newsday. He said the onus was on “responsible professionals” within the judicial and legal circles to uphold the standards of the fraternity so as to avoid public mistrust. “It behooves us...

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Mixed views over Kamla’s refusal to speak on ‘Marlene-gate’

Two at­tor­neys and a po­lit­i­cal an­a­lyst have ex­pressed mixed views over Op­po­si­tion Leader Kam­la Per­sad-Bisses­sar’s de­ci­sion not to speak on the al­le­ga­tions that she alert­ed Mar­lene Mc­Don­ald to the fact that she would have been ar­rest­ed by po­lice. Per­sad-Bisses­sar told a UNC po­lit­i­cal meet­ing on Wednes­day that the mat­ter was sub ju­dice, as her rea­son for not want­i­ng to speak fur­ther on the mat­ter. At­tor­ney Mar­tin George, how­ev­er, did not agree with Per­sad-Bisses­sar’s stance. “If it is that there has been an an­cil­lary mat­ter raised in re­la­tion to the ques­tion of the leak­ing of in­for­ma­tion and per­sons be­ing ei­ther tipped-off or no­ti­fied be­fore­hand,...

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Citation:            JM 2013 CA 68 Title:                 CAMPBELL v. R Country:            Jamaica Court:               Court of Appeal Suit No.:           Criminal Appeal 16 of 2011 Judge(s):          Harris, P. (Ag.); Dukharan, J.A.; Brooks, J.A. Date:                June 21, 2013 Subject:            Criminal Law Subsubject:      Uttering a forged document – Appeal against conviction – Whether no case submission ought to have been upheld.   Appearances: Anthony Pearson for the appellant. Dirk Harrison and Miss Yanique Gardener for the Crown.   DUKHARAN, J.A.: [1] The appellant was indicted in the Resident Magistrate's Court for the Corporate Area, holden at Half Way Tree, on a charge of uttering a forged document. He was tried and convicted and on 13 December 2010, fined the...

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ICLR: Appeal Cases/1961/WELHAM APPELLANT;  AND  DIRECTOR OF PUBLIC PROSECUTIONS RESPONDENT. - [1961] A.C. 103   [1961] A.C. 103 [HOUSE OF LORDS.] WELHAM APPELLANT;  AND  DIRECTOR OF PUBLIC PROSECUTIONS RESPONDENT.    1960 Feb. 22, 23, 24, 25; Mar. 24.    LORD RADCLIFFE, LORD TUCKER, LORD KEITH OF AVONHOLM, LORD DENNING and LORD MORRIS OF BORTH-Y-GEST.  Crime - Fraud - "Intent to defraud" - Forgery - Uttering forged documents with intent to defraud - Whether economic loss necessary - Forgery Act, 1913 (3 & 4 Geo. 5, c. 27), ss. 4 (1), 6.  Statute - Construction - Meaning of word - Contemporary usage - Established legal interpretation before passing of Act -...

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Milton (Audley) v R

West Indian Reports/Volume 49 /Milton (Audley) v R - (1996) 49 WIR 306   (1996) 49 WIR 306 Milton (Audley) v R   JUDICIAL COMMITTEE OF THE PRIVY COUNCIL LORD GOFF OF CHIEVELEY, LORD JAUNCEY OF TULLICHETTLE, LORD LLOYD OF BERWICK, LORD HOFFMANN AND LORD COOKE OF THORNDON   24 JUNE, 9 JULY 1996  Criminal evidence - Prosecution evidence - Disclosure to defence - Statements by crucial prosecution witnesses not disclosed to defence - Significant discrepancies between evidence in court and statements - Discrepancies not brought to attention of defence - Conviction based on evidence quashed   At the trial of the appellant for murder, two witnesses gave evidence on behalf...

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Baksh v The Queen

Weekly Law Reports (ICLR)/1958/Volume 2 /MOHAMED FIAZ BAKSH APPELLANT; AND THE QUEEN RESPONDENT. - [1958] 2 WLR 536 [1958] 2 WLR 536    [PRIVY COUNCIL.] MOHAMED FIAZ BAKSH APPELLANT; AND THE QUEEN RESPONDENT. ON APPEAL FROM THE COURT OF CRIMINAL APPEAL OF BRITISH GUIANA.    1958 Feb. 13;Mar. 11.    LORD REID, LORD TUCKER, LORD SOMERVELL OF HARROW, LORD DENNING and the RT. HON. L. M. D. DE SILVA.  Criminal Law -- Appeal -- Fresh evidence -- Statements by prosecution witnesses to police -- Not available at trial -- Material discrepancies when compared with oral evidence -- Whether trial should have been ordered -- Murder -- British Guiana.  British Guiana.  The appellant...

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Northern Ireland Law Reports/1974/R v FOXFORD - [1974] NI 181 [1974] NI 181 R v FOXFORD   COURT OF CRIMINAL APPEAL LOWRY LCJ, CURRAN AND JONES LJJ 28 29 30 31 MAY 3 4 6 7 21 JUNE 1974 Criminal law - Manslaughter - Boy shot by soldier - Whether unlawful and dangerous act - Whether gross negligence - Verdict of manslaughter - Failure of Crown to call certain witnesses at trial - Inadmissible statements put to accused in cross-examination - Whether trial proper - Whether verdict unsafe and unsatisfactory.   The accused, a soldier, was charged with the manslaughter of a twelve year old boy while on night...

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R v Keane

All England Law Reports/1994/Volume 2 /R v Keane - [1994] 2 All ER 478 [1994] 2 All ER 478 R v Keane COURT OF APPEAL, CRIMINAL DIVISION LORD TAYLOR OF GOSFORTH CJ, AULD AND MITCHELL JJ  15 FEBRUARY, 14 MARCH 1994 Criminal evidence - Prosecution evidence - Disclosure of police sources of information to defence -  Public interest immunity - Confidentiality of sources - Weight of public interest in non-disclosure to be balanced against importance of documents to defence - Material documents to be put before court.   On 16 February 1991 the police obtained a warrant permitting them to search the appellant's home in Birmingham on the...

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R v Mills; R v Poole

All England Law Reports/1997/Volume 3 /R v Mills; R v Poole - [1997] 3 All ER 780 [1997] 3 All ER 780 R v Mills; R v Poole HOUSE OF LORDS LORD GOFF OF CHIEVELEY, LORD SLYNN OF HADLEY, LORD HOPE OF CRAIGHEAD, LORD CLYDE AND LORD HUTTON OF BRESAGH 8, 9, 10 APRIL, 24 JULY 1997   Criminal evidence - Prosecution evidence - Disclosure of information to defence - Disclosure of witness statements - Non-disclosure of statements made by possible witness which prosecution decides not call - Prosecution deciding not to call witness considered not to be credible, but refusing to release to defence witness's statements...

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R v Ward

All England Law Reports/1993/Volume 2 /R v Ward - [1993] 2 All ER 577 [1993] 2 All ER 577 R v Ward COURT OF APPEAL, CRIMINAL DIVISION  GLIDEWELL, NOLAN AND STEYN LJJ  29 APRIL, 5, 6, 7, 8, 11, 12, 13, 14, 15, 18, 26, 27, 28 MAY, 4 JUNE 1992   Criminal evidence - Practice - Prosecution's duty to disclose - Duty of prosecution to disclose all relevant material - Duty to disclose scientific material adverse to prosecution case - Failure by prosecution to disclose all relevant material - Whether material irregularity in course of trial.  Criminal evidence - Admissions and confessions - Reliability - Admissibility of...

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