04 December

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AGDOMA v. TOMY

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...

08 October

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The Queen v Barking Youth Court

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in Fitness to Plead

08 October

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R v B

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in Fitness to Plead

Judgments R v B Criminal law - Trial - Fitness to plead - Voyeurism - Defendant suffering from autistic spectrum disorder - Defendant using changing room cubicles at sports centre - Two mothers alleging that whilst sons changing into swimming trunks, defendant observing naked sons - Defendant charged with two counts of voyeurism - Judge ruling defendant not fit to plead or stand trial - Judge ruling all prosecution required to prove in each case was that defendant had observed boy doing private act - Judge giving direction to jury to that effect - Jury subsequently determining defendant had committed 'the act...

08 October

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Court of Appeal: Unfit to Plead and Diminished Responsibility

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in Fitness to Plead

/2009, Volume 73/Issue 3, June/Case Notes/Court of Appeal: Unfit to Plead and Diminished Responsibility – JCL 73 (196) Journal of Criminal Law JCL 73 (196) 1 June 2009 Court of Appeal: Unfit to Plead and Diminished Responsibility R v Moyle (Peter Geoffrey) [2008] EWCA Crim 3059 Laura Madhloom © Vathek Publishing, 2009 Keywords Murder; Manslaughter; Diminished responsibility; Fitness to plead; Fresh evidence The victim (B), aged 67, was knocked to the ground outside a public house and repeatedly kicked by the appellant (M), who suffered from paranoid schizophrenia. B sustained serious head injuries which caused his death. The issues for the jury were, whether M had caused the injury...

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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in Disclosure

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...