You are here

Clarke, Roshaine v The Attorney General of Jamaica

Court: 
Supreme Court
Catchwords: 

The Constitution of Jamaica, sections 2, 9, 13, 14 and 20-The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 13(2)(a) and (b) and 19, The Emergency Powers Regulations, 2018, regulations 22, 30, 32, 33 and 38. Whether certain regulations violate the constitution-Whether the regulations violate the fundamental human rights and freedoms of the individual-Whether the breaches are demonstrably justified in a free and democratic society-Whether the breaches are reasonable justified-Whether any of the Claimant's rights have been abrogated, abridged or infrigned-Claimant arrested and detained-Claimant not advised of the reason for his arrest and dentention-Claimant not released after being ordered to be released by review tribunal-Claimant subsequently detained after being released-Claimant further detained whilst proceedings are on-going before the court-Whether the Claimant is entitled to declarations and damages.

Whether claims for each period of detention and the condition of the detention should be specifically pleaded.

Damages-Whether the Claimant is entitled to an award of compensatory damages-Whether the Claimant is entitled to an award of aggravated damages-Whether the Claimant is entitled to an award of vindicatory damages-Whether the Claimant should be awarded special damages.

Document Type:

Year: 
2022
Suit/Claim number: 
SU2019 CV 00093
Neutral Citation: 
[2022] JMFC Full 3