The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
(Bahamas) A commission investigating the activities of a company, sought disclosure of its bankers records. The committee held that this was not a constitutional issue, and that leave to appeal as of right did not exist, but special leave was possible and appropriate. The Act gave wider powers to order inspection than only for special … Continue reading Douglas and others v The Right Honourable Sir Lynden Oscar Pindling: PC 13 May 1996
The court considered the circumstances under which the defendant had lied, and Lucas direction was to be given: ‘As there seems to be at the moment a tendency in one appeal after another to assert that there has been no direction, or an inadequate direction, as to lies, it may be helpful if we conclude … Continue reading Regina v Burge and Pegg: CACD 1996
(Bahamas) The case was an appeal against a conviction for murder on the basis of the incorrect direction from the judge as to manslaughter and murder, and the failure to give a lies direction. Held: The failure to bring the defendant before a court within 48 hours did not affect the weight of the evidence. … Continue reading Philip Joshua Rahming v The Queen: PC 20 May 2002
CS Damages of 200,000 pounds by way of exemplary damages had been awarded against the police for unlawful arrest and assault.
Held: The court gave a guideline maximum pounds 50,000 award against police for . .
(Jamaica) A five year delay in execution is excessive, and can itself amount to inhuman or degrading punishment. ‘There is an instinctive revulsion against the prospect of hanging a man after he has been held under sentence of death for many years. What gives rise to this instinctive revulsion? The answer can only be our … Continue reading Pratt and Morgan v The Attorney General for Jamaica and Another: PC 2 Nov 1993
Lord Lindley MR said: ‘The Bankers’ Books Evidence Acts were passed for the obvious purpose of getting over a difficulty and hardship as to the production of bankers’ books. If such books contained anything which would be evidence for either of the parties, the banker or his clerk had to produce them at the trial … Continue reading Polock v Garle: 1898
(Australia) ‘In determining what is relevant to a Royal Commission inquiry, regard must be had to its investigatory character. Where broad terms of reference are given to it, as in this case, the commission is not determining issues between parties but conducting a thorough investigation into the subject matter. It may have to follow leads. … Continue reading Ross v Costigan: 1982
Exemplary Damages Award in Defamation The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. The Court of Appeal had considered Rookes -v- Barnard to have been … Continue reading Cassell and Co Ltd v Broome and Another: HL 23 Feb 1972
People sometimes tell lies for reasons other than a belief that they are necessary to conceal guilt. Four conditions were identified which must be satisfied before a defendant’s lie could be seen as supporting the prosecution case:- (1) The lie must be deliberate;(2) It must relate to a material issue;(3) The motive for the lie … Continue reading Regina v Lucas (Ruth): CACD 1981
(Saint Vincent and the Grenadines) The defendant was convicted of having killed his wife. He had killed his children but faced no charge on that issue. He complained of the admission of evidence showing that he had killed the children. In his . .
The judge is to give a ‘Lucas’ direction, if the fact of a defendant’s lie is to be relied upon by the prosecution to challenge the veracity of other evidence given by the defendant. . .