Bernal (Brian) and Moore (Christopher) v R

CourtCourt of Appeal (Jamaica)
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7 cases
  • Raymond Hunter v R
    • Jamaica
    • Court of Appeal (Jamaica)
    • 19 May 2011
    ...consider that it is nevertheless important to keep in mind, as Forte JA (as he then was) was careful to point out in Bernal & Moore v R (1996) 50 WIR 296, 313, that McGreevy, although concluding that there was no necessity to give any special direction to the jury in cases dependent on circ......
  • R v Myrie (Mark)
    • Jamaica
    • Court of Appeal (Jamaica)
    • 22 March 2006
    ...inconsistent therewith, whether such fact or circumstance arises on the case for the prosecution or the defence ( Bernal and Moore v R (1996) 50 WIR 296 ). (3) The fact that the prohibited substance was found on the premises of the appellant, without more is unsustainable. ( R v Cavendish ......
  • R v Myrie (Kenneth)
    • Jamaica
    • Court of Appeal (Jamaica)
    • 20 December 2004
    ...that a special direction should be given by trial judges, failing which the trial would be unfair. Downer, J.A. in Bernal and Moore v R [1996] 50 WIR 296, in the Court of Appeal, in considering the proper direction concerning circumstantial evidence referred to Lejzor Teper v R [1952] AC ......
  • Serratos (Oscar) v R
    • Jamaica
    • Court of Appeal (Jamaica)
    • 28 July 2006
    ...settled in R. v. Cyrus Livingston (1952) 6 J.L.R. 95. Forte, J.A. (as he then was) restated the position in Bernal and Moore v. R. (1996) 50 WIR 296 at 304 f: "The law in Jamaica therefore is that before a defendant can be convicted for an offence of possession under section 7(c) of the Da......
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