Spencer v Bramble

West Indian Reports/Volume 2 /Spencer v Bramble - (1960) 2 WIR 222 (1960) 2 WIR 222 Spencer v Bramble SUPREME COURT OF TRINIDAD AND TOBAGO -- APPELLATE JURISDICTION BLAGDEN AND HYATALI JJ 6 OCTOBER 1959, 19 MARCH 1960 Practice -- Summary Courts -- Non-appearance of defendant -- Hearing ex parte -- Procedure to set aside conviction obtained ex parte -- Whether by way of appeal, case stated or certiorari -- Summary Courts Ordinance, Cap 3, No 4 [T], ss 41, 57 (1), 63 (1), (4), 127, 155 (1) -- Judicature Ordinance, Cap 3, No 1 [T], s 34. Practice -- Appeals from Summary Court to Supreme Court...

09 December

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Sydney Frederick v Chief of Police

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West Indian Reports/Volume 11 /Sydney Frederick v Chief of Police - (1968) 11 WIR 330 (1968) 11 WIR 330 Sydney Frederick v Chief of Police HIGH COURT OF JUSTICE, GRENADA (APPELLATE JURISDICTION) A M LEWIS CJ, AND ST BERNARD J 6 MARCH 1968 Magistrate - Case part heard when his acting appointment terminated - Magistrate subsequently re-appointed to complete this case and other part - heard cases - Hearing continued from point where it had stopped - Whether magistrate had jurisdiction to complete hearing - Validity of trial. A person having been appointed in June 1966, to act as magistrate began the hearing of the case which...

04 December

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Paynter v Lewis

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318 WEST INDIAN REPORTS [(1965), 8 W.IR before the jury of such a "convincing, cogent, and irresistible character" as to make it A apparent that, properly directed, the jury must inevitably have come to the same conclusion. In the present instance, however, we do not sit as a Court of Criminal Appeal. In reviewing the decisions of magistrates we are a court of rehearing, 80 that we are entitled to review the evidence in the light of the magistrato's assessment of its credibility and to arrive at a conclusion for ourselves on such corroborative evidenco as there is. Moreover, it is to be...

04 December

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McBean v R

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230 West Indian Reports (1976) 33 WIR McBean v R JUDICIAL COMMITTEE OF THE PRIVY COUNCIL LORD DIPLOCK, LORD MORRIS OF BORTH-Y-GEST, VISCOUNT DILHORNE, нь LORD SIMON OF GLAISDALE and LORD CROSS OF CHELSEA 22nd JUNE 1976 C Magistrate – Person ceasing to be - Proceedings not concluded – Assignment as magistrate to conclude hearing - Meaning of proceedings" – Civil or criminal matter - Judicature (Resident Magistrates) Act, Cap 179 [J], section 192 – Judicature (Resident Magistrates) (Amendment) Act 1966, No 33 (J), section 4 Fundamental rights and freedoms - Fair trial within a reasonable time - Proceed ings held in public - Court adjourning to...

04 December

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Beswick v R

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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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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....