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Green, Garfield v R

Court: 
Court of Appeal
Subject: 
Criminal procedure, Criminal law, Criminal procedure, Sentencing, Constitutional law
Catchwords: 

Criminal law-Admissibility of evidence-Whether evidence of the complainant's complaint was improperly adduced by the prosecution-Whether learned judge erred in her directions to the jury concerning inadmissible evidence

Criminal procedure-No-case submission-Whether learned judge erred in rejecting the no-case submission

Criminal law-Reasonableness of verdicts-Sufficiency of evidence to support conviction-Whether the jury's verdicts were unreasonable or could not be supported by the evidence

Criminal procedure-Crown's duty to disclose-Whether Crown's failure to disclose a statement made by the complainant containing allegations against a third party rendered the trial unfair

Sentencing-Mandatory minimum sentence-Whether sentence imposed was manifestly excessive and unjust-Whether sentence to be reduced below the mandatory minimum sentence-The Criminal Justice (Administration Act, section 42K

Constitutional law-Pre-conviction and post-conviction delay-Whether appellant's right to a fair hearing within reasonable time breached-Whether appellant's right liberty breached-Appropriate remedy for breach of the appellant's constitutional rights-Constitution of Jamaica, section 14(1)(b), 16(1) and 16(6)(b)

Document Type:

Year: 
2025
Suit/Claim number: 
96/2018
Neutral Citation: 
[2025] JMCA Crim 22
Judge(s): 
McDonald-Bishop