Ramdeen v State of Trinidad and Tobago: [2014] UKPC 7; [2014] WLR (D) 149
‘Once the Privy Council was seised of a death sentence case, whether by way of an appeal against conviction and/or an appeal against sentence, it had jurisdiction to deal with commutation of sentence, at least where the ground for commutation arose out of court procedures or decisions.’
WLR Daily, 27th March 2014
Source: www.iclr.co.uk
Ramdeen (Appellant) v The State (Respondent) [2014] UKPC 7 (YouTube)
Supreme Court, 27th March 2014
Daniel v State of Trinidad and Tobago [2014] UKPC 3; [2014] WLR (D) 73
‘A defendant charged with murder could, in certain circumstances, rely on the defence of provocation, even though he himself had generated the provocative conduct.’
WLR Daily, 13th February 2014
Source: www.iclr.co.uk
Moss v The Queen: [2013] UKPC 32; [2013] WLR (D) 434
“A criminal court normally had a duty to give a convicted defendant the opportunity to make representations before sentence upon him was passed, however little there might appear to be available to be said on his behalf, and an omission to do so was a serious breach of procedural fairness. The Privy Council so held in allowing an appeal by the defendant, Dominique Moss, against a sentence of 25 years’ imprisonment imposed by the Court of Appeal of the Commonwealth of The Bahamas (Hall CJ, Ganpatsingh and Osadebay JJA) on 28 October 2004 when it had allowed his appeal against his conviction for murder on 6 April 2004 (Isaacs J and a jury) and substituted a conviction for manslaughter.”
WLR Daily, 13th November 2013
Source: www.iclr.co.uk
“A landmark reform of press regulation, enshrined in a royal charter, was finally sealed by the privy council on Wednesday [30th October] in a brief private ceremony, hours after the high court had quickly dismissed a last-minute legal attempt to block it by most
newspaper groups.”
The Guardian, 30th October 2013
Source: www.guardian.co.uk
“Newspaper and magazine publishers are seeking an injunction to prevent the government’s plan for a new press regulation regime getting the royal seal of approval this week.”
The Guardian, 28th October 2013
Source: www.guardian.co.uk
“Politicians’ ‘repressive’ plans to regulate the press will undermine the country’s international standing and the reputation of the Queen, free speech groups have warned.”
Daily Telegraph, 23rd October 2013
Source: www.telegraph.co.uk
“Plans on how to regulate the press industry have been delayed until later this month after a difficult meeting of the key players rejected the regulatory plans proposed by the industry but also could not agree whether to back the royal charter passed by parliament.”
The Guardian, 7th October 2013
Source: www.guardian.co.uk
“A businessman sentenced to life imprisonment for the murders of his wife and daughter in New Zealand had his conviction quashed by a British court today following the emergence of new evidence.”
The Independent, 7th October 2013
Source: www.independent.co.uk
“The marathon battle to introduce a new system of press regulation will come to a head on 9 October when the privy council is due to decide whether to seal a royal charter enshrining the industry’s preferred system of self-regulation.”
The Guardian, 27th September 2013
Source: www.guardian.co.uk
“The government’s plan for a new press regulator has been officially put back to the autumn after a privy council meeting on Wednesday referred the matter to a new committee.”
The Guardian, 12th July 2013
Source: www.guardian.co.uk
“Although, as a matter of international obligation, a member state (and any European territory for which it was responsible) was required to legislate in such a way as to achieve the aims of Council Framework Decision 2002/584/JHA , including that a formal decision on the execution of an European arrest warrant should be taken within 60 days of the requested person’s arrest, the law derived from the consequential domestic legislation rather than from the Decision, so that where a territory’s legislation provided that the consequence of a failure to meet such deadline was no more than a requirement to notify the issuing judicial authority of the delay and the reasons therefor, the failure did not entitle the arrested person to be released, save where the delay was so excessive that it could no longer be said to be a deprivation of liberty in accordance with a procedure prescribed by law for the lawful detention of a person against whom action was being taken with a view to extradition, within article 5.1(f) of the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 13th June 2013
Source: www.iclr.co.uk
“The tort of malicious prosecution extended to civil as well as criminal proceedings.”
WLR Daily, 13th June 2013
Source: www.iclr.co.uk
Calix v Attorney General of Trinidad and Tobago [2013] UKPC 15; [2013] WLR (D) 219
“Oddity of personality did not of itself diminish the value of one’s good character and, therefore, a judge had erred in reducing a plaintiff’s damages for malicious prosecution on the basis that his reputation and social standing did not amount to much because he had chosen to withdraw from society and live as a recluse.”
WLR Daily, 23rd May 2013
Source: www.iclr.co.uk
Laing v The Queen [2013] UKPC 14; [2013] WLR (D) 198
Although the giving of reasons for dismissing an appeal against conviction was an important part of an appellant’s entitlement to a fair hearing of the appeal, if the conviction were otherwise sound it did not have to be quashed simply because of the failure to give reasons.
WLR Daily, 14th May 2013
Source: www.iclr.co.uk
Taylor (Bonnett) v The Queen: [2013] UKPC 8; [2013] WLR (D) 104
“Where a witness statement casting doubt on the veracity of the evidence given by the sole witness to a crime was not used at trial because of a failure by the prosecution to disclose it on time, or owing to incompetence of defence counsel, those failing were not enough without more to justify a finding that there had been a miscarriage of justice. The appellant had to show that, had the evidence been used, it might reasonably have affected the decision of the jury to convict.”
WLR Daily, 14th March 2013
Source: www.iclr.co.uk
Rummun v State of Mauritius [2013] UKPC 6; [2013] WLR (D) 53
“Where there had been substantial delay in a criminal trial it was the duty of the court, whether at sentence or on appeal and whether or not the matter had been raised by the defence, to examine the possibility of there having been a breach of the defendant’s right to a fair trial within a reasonable time, and if so whether that should influence the sentence to be imposed. The court should consider the factors which had caused the delay, including the responsibility of the defendant for any delay, but was to exercise caution in respect of any decision by him to contest the case on grounds which proved to be unfeasible, since a defendant to a criminal charge was entitled to put the prosecuting authorities to proof of his guilt.”
WLR Daily, 7th February 2013
Source: www.iclr.co.uk
“It would be inappropriate for the Judicial Committee of the Privy Council substantively to consider issues raised in a petition referred by Her Majesty under section 4 of the Judicial Committee Act 1833, when those issues could be raised by way of ordinary proceedings in the first instance courts of the territory in which the issues arose.”
WLR Daily, 15th November 2012
Source: www.iclr.co.uk
Taitt v State of Trinidad and Tobago [2012] UKPC 38; [2012] WLR (D) 317
“If counsel at trial had not raised the issue of a defendant having a learning difficulty which made him unfit to plead, the Judicial Committee of the Privy Council would not consider the matter on appeal unless there had clearly been a miscarriage of justice.”
WLR Daily, 8th November 2012
Source: www.iclr.co.uk
“Jamaica is celebrating the 50th anniversary of independence from Britain next week. The government in Kingston is talking about becoming a republic and is also looking at ending a legal legacy of the British Empire.”
BBC News, 3rd August 2012
Source: www.bbc.co.uk
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