You are here

Hyman, Dean v R

Court: 
Court of Appeal
Catchwords: 

Ciminal Law-Jurisdiction of the Parish Court-Information laid, warrant of arrest ontained and person arrested and charged by INDECOM officer-No power to arrest and charge pursuant to the Independent Commission of Investigations Act, 2010-Process irregular-Preliminary objection taken at trial to the jurisdiction to make an order of indictment on an invalid information-Objection overruled-Trial on indictment not nullified by irregularity in the process of bringing the person before the court; Judicature (Parish Courts) Act sections 272-275

Criminal Law-Evidence-Credibility-Inconsistencies and omissions in the evidence of the sole eyewitness-No explanation given for material inconsistency in the evidence of the witness-Judge of the Parish Court erred in relying on the evidence of the discredited witness to convict

Criminal Law-Verdict-Verdict unreasonable and not supported by the evidence-Risk of miscarriage of justice

Criminal Law-Sentence-Unlawful wounding-Sentence not manifestly excessive

Document Type:

Year: 
2023
Suit/Claim number: 
COA2021PCCR00022
Neutral Citation: 
[2023] JMCA Crim 51
Judge(s): 
Edwards