04 December

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Beswick v R

318 West Indian Reports (1987) 36 WIR Beswick v R JUDICIAL COMMITTEE OF THE PRIVY COUNCIL LORD KEITH OF KINKEL, LORD BRANDON OF OAKBROOK, LORD GRIFFITHS, b LORD MACKAY OF CLASHFERN and SIR DUNCAN MCMULLIN 23rd JUNE, 20th JULY 1987 Magistrate - Functus officio - Conviction of defendant and sentence – Subsequent order vacating conviction and sentence – Whether jurisdiction to make subsequent order C 'on change his plea and pleadecavuus The appellant was charged with a minor offence at the traffic court. The hearing was adjourned and was resumed before a different magistrate. At the resumed hearing the appellant was properly allowed to change his plea and...

04 December

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AGDOMA v. TOMY

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in Case Histories, Functus

296 WEST INDIAN REPORTS [(1988), 12 W.I.R. AGDOMA v. TOMY [HIGH COURT OF ST. LUCIA-WEST INDIES ASSOCIATED STATES (Bishop and Peterkin, JJ.), July 29, 1968] Charges-Defendant charged with two offen008-Not present at hearing.com Personal service of summonse8 proved-Charges heard ex parte and convictions B recorded-- Appearance by defendant later samo day with counsel Medical certificato tonderod in wplanation of defondant's absence-Decision by magis. trato to set aside convictions and re-hear charges-Announcement by magistrato on date of the hearing that he would refer case to High Court-Opinion of High Oourt sought as to whothor decision to re-hear charges correct-Criminal Code, Cap. 260 (St. Lucia), 8....

03 December

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R v Rogers

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in Case Histories, Fresh Evidence

*481 Regina v Rogers (Georgina) Practice Note Regina v Tapecrown Ltd Regina v Beaman (Paul) Court of Appeal 1 July 2016 [2016] EWCA Crim 801 [2017] 1 W.L.R. 481 Lord Thomas of Cwmgiedd CJ , Hallett LJ , Andrews J 2016 May 5; July 1 Crime—Sentence—Appeals against sentence—Appellant seeking to adduce fresh evidence on appeal—Guidance on application of statutory conditions—Exceptions where formal procedure for admission of fresh evidence not followed— Criminal Appeal Act 1968 (c 19), s 23 (as amended by Criminal Appeal Act 1995 (c 35), ss 4(1), 29, Sch 2, para 4(3), Sch 3 ) Crime—Sentence—Practice—Defendant pleading guilty to offence for which sentence mandatory—Defendant submitting exceptional circumstances justifying reduction...

03 December

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R v Walls

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in Case Histories, Fitness to Plead

Neutral Citation Number: [2011] EWCA Crim 443 Case No: 2010/01111/C4 IN THE HIGH COURT OF JUSTICE COURT OF APPEAL (CRIMINAL DIVISION) ON APPEAL FROM THE CROWN COURT AT COVENTRY HIS HONOUR JUDGE CLEARY Royal Courts of Justice Strand, London, WC2A 2LL Date: 03/03/2011 Before : LORD JUSTICE THOMAS MR JUSTICE MACDUFF and MRS JUSTICE MACUR DBE - - - - - - - - - - - - - - - - - - - - - Between : Regina Respondent - and - Robert Walls Appellant - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -...

27 November

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The Queen v Barking Youth Court

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in Case Histories, Fitness to Plead

Case No: CO/4862/2001 Neutral Citation Number: [2002] EWHC 734 (Admin) IN THE HIGH COURT OF JUSTICE ADMINISTRATIVE COURT Royal Courts of Justice Strand, London, WC2A 2LL Wednesday 17th April 2002 Before : LORD JUSTICE MAY and THE HON. MR JUSTICE WRIGHT - - - - - - - - - - - - - - - - - - - - - In the matter of an application for Judicial Review The Queen on the application of P (a minor (by the Official Solicitor, his litigation friend) Versus Barking Youth Court The Crown Prosecution Service (Interested Party) - - - - - - - - - - - - - - - - - - - - - (Transcript...

22 November

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TSTT employee wins lawsuit against company after accident

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in Newspaper Articles

A TSTT employee, who was seriously injured in a car accident due to faulty brakes on the company's vehicle, has scored a minor legal victory in his lengthy legal battle for compensation. Delivering an oral ruling at the Hall of Justice in Port-of-Spain, earlier this week, Appellate judge Prakash Moosai dismissed an application from the State-controlled company to temporarily set aside the assessment of compensation due to Jason Balbosa. The decision means that High Court Master Sherlanne Pierre may begin the assessment at a hearing scheduled for March 28. While Pierre completes the process, TSTT may still appeal the substantive decision of High...

22 November

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Tobago cop freed on wild meat charge

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in Newspaper Articles

A police officer who was freed of a wild meat charge on Tuesday is suing the State for malicious prosecution. Keston Kirk, 39, of Sherwood Park, Tobago, stood before magistrate Duane Murray in the Scarborough Magistrates' Court, to answer a charge of illegally having 17 iguanas in his possession. Kirk, who has 19 year's service as a police officer, had been suspended since being charged four years ago. He was represented by attorney Martin George, who argued the State had not proven its case against Kirk. Witnesses for the State included Supt Jeffrey George and game warden John Edwards. The matter was prosecuted by attorneys...

22 November

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Tobago cop freed of wild meat charge

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in Newspaper Articles

A 39 year old police officer with 19 years service was yesterday freed of charges related to the possession of wild meat. The matter was heard before Magistrate Duane Murray in the Tobago court. PC Keston Kirk, of Sherwood Park, Tobago was arrested on April 29, 2015 at Cove Industrial Estate. He had been on suspension for the last four years, charged with illegally having 17 iguanas in his possession. The court heard that on the said date, Kirk went fishing at Canoe Bay and on his way out, gave a man who had been hunting a lift in his vehicle. The police and Game Wardens testified that...

21 November

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Tobago policeman to sue state over wild meat charge

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in Newspaper Articles

Keston Kirk, the 39-year-old police officer who won his case against the state for the illegal possession of 17 iguanas, will sue the state for malicious prosecution. This, after the officer of Sherwood Park, Tobago, was freed from all charges by Magistrate Duane Murray in the Scarborough Magistrate court on Wednesday. Kirk, who has 19 years of service, was suspended for four years after he was charged with the offense. According to Martin George (Kirk's attorney), the officer will now take the matter to the High Court to sue the state for damages and compensation for malicious prosecution. Senior Superintendent Jeffrey George and Game...

21 November

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Legal wrangling in Nursing Council continues

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A High Court Judge has dismissed an application seeking to strike out former Nursing Council president David Murphy’s lawsuit over being forcibly removed from the organisation in August. Delivering an oral judgement at the Hall of Justice in Port-of- Spain, yesterday morning, Justice Frank Seepersad dismissed the application, in which the council was claiming that Murphy’s case is an abuse of process as he was nominated back into the organisation, last month. Seepersad stated that Murphy’s current position had no bearing on the case as he was nominated to the board by Health Minister Terrance Deyalsingh, as opposed to being elected like...

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