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Miller, Tesha v R

Court: 
Court of Appeal
Subject: 
Criminal Law
Catchwords: 

Criminal Law-Application for leave to appeal conviction and sentence-Application to adduce fresh evidence in the interest of justice-Jury empanelling-Peremptory challenge-Number of peremptory challenges allowed for the offences of accessory before and after the fact to murder-Whether trial judge erred in the number of peremptory challenges given to the defence-Interpretation of section 33(2A) of the Jury Act-Use of the Hansard in statutory interpretation-Interpretation of sections 3 and 35 of the Criminal Justice 9Administration) Act-Accessory liability-Challenge to the polls for cause-Pretrial publicity-Pre-trial questioning of jurors-Jury Act, sections 33(2), 33(2A) and 33(4)-Criminal Justice (Administration) Act, sections 34, 35 and 37-Offences Against the Person Act, sections 3(1)(b) and 81

Criminal Law-New trial-Interests of justice-18 years between offence and a possible new trial-Applicant arrested 10 years after offences committed- Delay-Right to a fair hearing within a reasonable time-Whether new trial should be ordered or verdict and judgment of acquittal entered-Constitutional of Jamaica, section 16(1)-Judicature (Appellate Jurisdiction) Act, section 14(2)

Document Type:

Year: 
2026
Suit/Claim number: 
COA2020CR00006
Neutral Citation: 
[2026] JMCA Crim 6
Judge(s): 
Straw, Foster-Pusey and D Fraser