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Smith, Dwayne v R

Court: 
Court of Appeal
Subject: 
Criminal law, sentencing, hearsay
Catchwords: 

Criminal law-Murder-Admissibility of hearsay evidence-Prosecution witnesses could not be found after all reasonable steps taken to find them Visual identification evidence-Whether judge erred in not upholding the no case submission-Adequacy and accuracy of directions to the jury-Whether trial unfair due to non-attendance of the prosecution witnesses-Evidence Act, section 31D(d) and 31L

Criminal Law-Sentencing-Breach of constitution right to a fair hearing within reasonable time-Whether sentence manifestly excessive or inappropriate-Whether sentence to be reduced as a remedy for breach of the reasonable standards guarantee-Appropriate remedy for constitutional breach-The Constitution of Jamaica, sections 16(1) and 16(8)

Document Type:

Year: 
2025
Suit/Claim number: 
COA2019CR00095
Neutral Citation: 
[2025] JMCA Crim 30
Judge(s): 
Shelly-Williams