1-868-624-7257

Trinidad Office

1-868-639-1809

Tobago office

Facebook

Youtube

Search
 

Case Histories

Martin George & Company > Case Histories (Page 2)

Regina v Paul Anthony Lidford

Regina v Paul Anthony Lidford No: 200801303 B3 Court of Appeal Criminal Division 24 October 2008 [2008] EWCA Crim 2610   Case Digest The applicant was convicted unanimously on four counts of assault and was sentenced. The applicant applied for an extension of time of 11 months and 12 days in which to apply for leave to appeal against conviction and approximately seven months for an extension of time for leave to appeal against sentence.  Solicitors for the applicant stated that the explanation proffered for the delay is totally inadequate and that they would have refused the application for an extension of time but, given the proposed appeal against...

Continue reading

R v Morgan (Carl)

R v Morgan (Carl) Court of Appeal (Criminal Division) 19 September 2007 Case Analysis Where Reported [2007] EWCA Crim 2236; Official Transcript Case Digest Subject: Criminal evidence Keywords: Murder; Hostile witnesses; Witness statements; Threats; Fresh evidence Summary: A conviction for murder was safe as the jury was entitled to rely upon the original witness statements of a hostile witness who had identified the offender but who subsequently resiled from the statements out of fear. Abstract: The appellant (M) appealed against his conviction for murder. It was the prosecution's case that following a dispute, M had shot the victim (S). According to a police officer, who had attended the scene, a witness...

Continue reading

R v Gibbons (Dean)

R v Gibbons (Dean) Court of Appeal (Criminal Division) 10 July 2008 Case Analysis Where Reported [2008] EWCA Crim 1574; (2009) 173 J.P. 260; [2009] Crim. L.R. 197; Official Transcript Case Digest Subject: Criminal evidence Keywords: Hostile witnesses; Recognition; Jury directions; Previous inconsistent statements; Prosecution witnesses Summary: A judge had been entitled to declare a witness hostile and to leave his evidence to the jury. Abstract: The appellant (G) appealed against his convictions of aggravated burglary, robbery and possessing a handgun with intent to cause fear of violence. The Crown's case was that G, along with a number of other men, had broken into a flat, threatened the occupants (P and...

Continue reading

R v R

R v R     [2010] EWCA Crim 2741, [2010] All ER (D) 300 (Nov)   Court: CA   Judgment Date: 29/11/2010   Catchwords & Digest   CRIMINAL LAW, EVIDENCE AND PROCEDURE - SENTENCE - IMPRISONMENT - LENGTH OF SENTENCE - OFFENCES COMMITTED BEFORE 16 SEPTEMBER 1985 AND COMPLAINANT UNDER 16 YEARS OF AGE - SENTENCES OF THREE YEARS' IMPRISONMENT IMPOSED ON SPECIFIC COUNTS WHERE MAXIMUM SENTENCE BEING TWO YEARS' IMPRISONMENT  -  WHETHER SENTENCE UNLAWFUL CRIMINAL LAW, EVIDENCE AND PROCEDURE - TRIAL - SUBMISSION OF NO CASE TO ANSWER - INDECENT ASSAULT - INCEST - DEFENDANT ACCUSED OF SEXUALLY ABUSING DAUGHTERS - DEFENDANT ALLEGING COLLUSION BETWEEN COMPLAINANTS - INCONSISTENT STATEMENTS - JUDGE...

Continue reading

R v Mawhinney

R v Mawhinney     [2004] EWCA Crim 2234, [2004] All ER (D) 560 (Jul)   Court: CA   Judgment Date: 30/07/2004   Catchwords & Digest   CRIMINAL LAW, EVIDENCE AND PROCEDURE - TRIAL - DIRECTION TO JURY - STATUS OF EVIDENCE - ADEQUACY OF DIRECTIONS The defendants and co-defendant were charged with and denied alternative offences of murder and conspiracy to cause grievous bodily harm.  The prosecution's case was that the defendants had carried out a punishment killing of the victim having suspected him of theft of a sentimental ring from a family member and that the co-defendant had made sure that the victim was alone by taking the victim's wife...

Continue reading

560 Hostile witnesses

  Download Request: Current Document: 7 Time Of Request: Monday, February 02, 2015  15:27:13   Send To: Summer Eudoxie JUDICIARY OF TRINIDAD AND TOBAGO HALL OF JUSTICE KNOX STREET PORT OF SPAIN, TTO   Terms: (stephen's digest)   Source: All Subscribed Sources Project ID: None   Halsbury's Laws of England/CRIMINAL PROCEDURE (VOLUME 27 (2010), PARAS 1-451; VOLUME 28 (2010), PARAS 452-962)/10.  EVIDENCE AND WITNESSES/ (9)  EXAMINATION IN CHIEF/560.  Hostile witnesses.   Hostile witnesses.   A hostile witness (sometimes referred to as a witness who proves 'adverse'1) is one who is not merely disappointing or unfavourable to the party calling him, but is also, in the opinion of the court, unwilling to tell the truth at the instance...

Continue reading

Subramaniam v Public Prosecutor 

Subramaniam v Public Prosecutor   [1956] 1 WLR 965, 100 Sol Jo 566 Court: PC Judgment Date: 09/07/1956 Catchwords & Digest COMMONWEALTH - CONSTITUTIONS AND GOVERNMENTS OF MEMBERS OF THE COMMONWEALTH - PARTICULAR MEMBERS OF THE COMMONWEALTH - AUSTRALIA - STATE LEGISLATURE - STATE TRANSPORT CO-ORDINATION (BARRING OF CLAIMS AND REMEDIES) ACT (NSW)           In Hughes and Vale Pty Ltd v State of NSW [1955] AC 241, the Judicial Committee held that the provisions of State Transport (Co-ordination) Act 1931-1951, of New South Wales (the principal Act) requiring application to be made for a licence and all provisions consequential thereon in so far as they purported to apply...

Continue reading

R_v_O & Connor_(Damien)_(2010)

Judgments CA, CRIMINAL DIVISION Neutral Citation Number: [2010] EWCA Crim 2287 No: 200801633/B3‑200901502/B3  IN THE COURT OF APPEAL CRIMINAL DIVISION  Royal Courts of Justice Strand London, WC2A 2LL  Tuesday, 22nd June 2010 B e f o r e: LORD JUSTICE HOOPER MR JUSTICE GROSS  HIS HONOUR JUDGE MOSS QC  (Sitting as a Judge of the CACD)   R E G I N A  v  DAMIEN O'CONNOR Computer Aided Transcript of the Stenograph Notes of   WordWave International Limited A Merrill Communications Company  165 Fleet Street  London EC4A 2DY Tel No: 020 7404 1400 Fax No: 020 7831 8838 (Official Shorthand Writers to the Court)   Mr S Csoka appeared on behalf of the Appellant   Mr B Cummings QC appeared on behalf of the Crown     J U D...

Continue reading

Motor Depot Ltd and Wilkinson v. Kingston upon Hull City Council

Justice of the Peace Law Reports/2013/Motor Depot Ltd and Wilkinson v. Kingston upon Hull City Council - (2013) 177 JP 41   (2013) 177 JP 41   Motor Depot Ltd and Wilkinson v. Kingston upon Hull City Council [2012] EWHC 3257 (Admin) Queen's Bench Division (Elias LJ and Singh J) October 23, 2012 Trading law -- whether content of business record admissible if not produced -- Criminal Justice Act 2003, s.117 -- deception as to manner in which price determined -- whether misleading impression in commercial practice can be corrected by other information -- Consumer Protection from Unfair Trading Regulations 2008, regs.9 and 5(4)(g) -- whether each web page...

Continue reading

Business and Other Documents

Blackstone's Criminal Practice 2018/Part F Evidence/Section F17 Exceptions to the Rule against Hearsay (Excluding Confessions)/HEARSAY EXCEPTIONS: (1) HEARSAY ADMISSIBLE BY AGREEMENT, UNAVAILABLE WITNESSES AND BUSINESS DOCUMENTS/Business and Other Documents   Business and Other Documents   F17.25   Criminal Justice Act 2003, s. 117 (1)     In criminal proceedings a statement contained in a document is admissible as evidence of any matter stated if-- (a)     oral evidence given in the proceedings would be admissible as evidence of that matter, (b)     the requirements of subsection (2) are satisfied, and (c)     the requirements of subsection (5) are satisfied, in a case where subsection (4) requires them...

Continue reading