25 September

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Judge: Settle nursing impasse

A HIGH COURT judge is advocating a speedy resolution to the impasse currently facing the Nursing Council since the registration of nurses and the holding of examinations can be affected. On Monday, Justice Frank Seepersad urged the Health Minister to make his six appointments to the council expeditiously so that there can be a legitimate quorum in order to protect and preserve the position of nurses who were registered after the life of the council’s executive came to an end in April. He also issued an interim order that the minister’s appointments was not contingent upon the election of the nine...

25 September

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George: All not well in Judiciary

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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...

25 September

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

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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,...

22 September

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CAMPBELL v. R

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in Forgery

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...

22 September

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WELHAM v DPP

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in Forgery

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 -...

18 September

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Milton (Audley) v R

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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...

18 September

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Baksh v The Queen

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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...

14 September

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R v FOXFORD

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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...

14 September

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R v Keane

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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...

14 September

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R v Mills; R v Poole

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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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