20 February

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Berry (Linton) v R

Berry (Linton) v R JUDICIAL COMMITTEE OF THE PRIVY COUNCIL LORD KEITH OF KINKEL, LORD ROSKILL, LORD ACKNER, LORD JAUNCEY OF TULLICHETTLE AND LORD LOWRY 29, 30 JANUARY, 4 FEBRUARY, 15 JUNE 1992 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 – Witness’s evidence in court not foreshadowed at preliminary inquiry – Material irregularity Criminal evidence – Character evidence – Relevance to credibility – Failure of trial judge to bring relevance to attention of jury – Defence...

20 February

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Baksh_v_R_[1958]_AC_167,_[1958]_2_WLR_536

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in Disclosure

Baksh v R [1958] AC 167, [1958] 2 WLR 536, 102 Sol Jo 228 Court: PC Judgment Date: circa 1958 Catchwords & Digest CRIMINAL LAW, EVIDENCE AND PROCEDURE - APPEALS - APPEAL TO THE COURT OF APPEAL FOLLOWING TRIAL ON INDICTMENT - VENIRE DE NOVO AND RETRIAL - WHETHER POWER TO ORDER NEW TRIAL -- FRESH EVIDENCE Appellant and his co-accused (who had each relied on an alibi) having been convicted of murder, both appealed to the Court of Criminal Appeal of British Guiana, who permitted to be produced and proved on the hearing of the appeal statements, which had not been available at the trial,...

20 February

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481.__Disclosure_or_advance_notification_by_

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in Disclosure

Halsbury's Laws of England/CRIMINAL PROCEDURE (VOLUME 27 (2010), PARAS 1-451; VOLUME 28 (2010), PARAS 452-962)/10. EVIDENCE AND WITNESSES/(5) ADVANCE INFORMATION AND DISCLOSURE/(i) Introduction/481. Disclosure or advance notification by the defendant. Disclosure or advance notification by the defendant. The defendant is not required to disclose any evidence or material that may be damaging to his own case or of assistance to the prosecution case, nor is he required to disclose evidence that may assist the case of any other defendant1. At common law, the defendant was not required to give any advance notice or disclosure of evidence on which he proposed to...

20 February

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480.__General_principles_of_fair_disclosure_

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in Disclosure

Halsbury's Laws of England/CRIMINAL PROCEDURE (VOLUME 27 (2010), PARAS 1-451; VOLUME 28 (2010), PARAS 452-962)/10. EVIDENCE AND WITNESSES/(5) ADVANCE INFORMATION AND DISCLOSURE/(i) Introduction/480. General principles of fair disclosure to the defendant. (5) ADVANCE INFORMATION AND DISCLOSURE (i) Introduction General principles of fair disclosure to the defendant. Criminal Procedure Rules1 may make, with respect to proceedings against any person for a prescribed offence or an offence of any prescribed class, provision2: (1) for requiring the prosecutor to do such things as may be prescribed for the purpose of securing that the defendant or a person representing him is furnished with, or can...

20 February

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Errol Arthurton v The Queen [2004] UKPC 25

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in Case Histories, Discharge of Jury

Arthurton v R (British Virgin Islands) [2004] UKPC 25 (27 May 2004) Privy Council Appeal No. 67 of 2003 Errol Arthurton Appellant v. The Queen Respondent FROM THE COURT OF APPEAL OF THE BRITISH VIRGIN ISLANDS --------------- JUDGMENT OF THE LORDS OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL, Delivered the 27th May 2004 ------------------ Present at the hearing:- Lord Nicholls of Birkenhead Lord Hope of Craighead Lord Rodger of Earlsferry Sir Swinton Thomas Dame Sian Elias [Delivered by Dame Sian Elias] ------------------ Errol Arthurton appeals by special leave from a decision of the Eastern Caribbean Court of Appeal (British Virgin Islands) (Singh, Redhead JJA and Georges JJA (Ag), 15 July 2002) dismissing his appeal against conviction on...

20 February

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Cheng vs Cheng

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in Case Histories, Family Law - Child Application and Name Change

THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE (FAMILY COURT DIVISION) No. FH 01373 of 2007 BETWEEN ESHA RAMLAGAN-CHENG Petitioner AND JEROME CHENG Respondent BEFORE THE HONOURABLE MR. JUSTICE ROBIN N. MOHAMMED Appearances: Ms. Lynette Seebaran-Suite for the Petitioner Mrs. Janice Clarence-Quamina instructed by Ms. Jozanne Quamina for the Respondent JUDGMENT INTRODUCTION APPLICATIONS AND PROCEDURAL HISTORY The Petitioner, Esha Ramlagan-Cheng (hereinafter referred to as the "Wife") and the Respondent, Jerome Cheng (hereinafter referred to as the "Husband") got malTied on the 9th April, 2006. The marriage broke down and an incident occurred on the 22nd July, 2007 which resulted in the Wife leaving the matrimonial home. She later filed for divorce...

12 February

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Trevor King et al v The AG Draft 10 (Oct. 27, 2019)

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in Civil

THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE San Fernando Claim No. CV2015-03383 BETWEEN TREVOR KING RENO SAMPSON RON SAMPSON KARRELL PAVY GARFIELD JOSEPH Claimant AND THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO Defendant Before the Honourable Mr. Justice Frank Seepersad Date of Delivery: October 29, 2019. Appearances: Mr. Vashist Maharaj instructed by Mr. Robert Boodoosingh Attorneys-at- law for the Claimants. Ms. Laura Persad, Ms. Lianne Thomas, Ms. Coreen Findley and Ms. Kelisha Bello Attorneys-at-law for the Defendant. DECISION Before the Court for its determination is the Claimants’ claim for malicious prosecution. The Claimants were arrested during the state of emergency in 2011 on the charge that they were gang members pursuant to the...

27 January

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New PNM Tobago leader brings dynamism

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in Interviews, Media, Newspaper Articles

Tobago Business Chamber: New PNM Tobago leader brings dynamism President of the Tobago Business Chamber, Martin George, has congratulated Tracy Davidson-Celestine on her victory, in Sunday’s run-off election for the post of Political Leader, of the People's National Movement's (PNM) Council in Tobago. Martin George is calling for a continued working relationship between her and current Chief Secretary of Tobago House of Assembly, Kelvin Charles, whom Davidson-Celestine ousted in the leadership contest, yesterday. “Moving forward, the Tobago Business Chamber is willing to work with both Ms. Davidson-Celestine in her role as leader of the PNM Tobago Council; and Mr. Charles, as the continuing...

21 January

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VARIOUS TOBAGONIAN REACTIONS TO SANDALS WITHDRAWAL

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in Media, Radio Interviews

TOBAGO CHAMBER OF COMMERCE’S REACTION The Tobago Chamber of Commerce is also hoping that future talks on a massive developmental project can go ahead so that the island could benefit from the investment and infrastructural development which it desperately needs. In a statement released yesterday, the Chamber noted with great sadness and regret, the announcement of the withdrawal of the SANDALS group from its proposed investment in Tobago. It added that it remains convinced that business, development and investment can be done while still preserving and maintaining and nurturing the natural environment and the eco-systems of the island. The Chamber also expressed its hope that all...

21 January

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POLICE SERVICE MUST BE TRUTHFUL WITH PUBLIC

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in Media, Radio Interviews

Concerns have been expressed that public trust in the police service has suffered a major blow. Commissioner in the Police Service Commission, Martin George has stated that in order to deal with this issue the police service needs to be truthful with the public. He revealed that the lack of information on major cases has resulted in a block between the public and police authorities. [audio mp3="https://martingeorge.net/v2/wp-content/uploads/2020/01/MG-on-public-confidence.mp3"][/audio] In an effort to improve the operations of the Trinidad and Tobago Police Service (TTPS) Minister of National Security Gary Griffith has met with the Deputy Commissioner of the New York Police Department (NYPD),John Miller. The meeting...

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