R v Monica Stewart
| Jurisdiction | Jamaica |
| Court | Court of Appeal (Jamaica) |
| Year | 1971 |
| Date | 1971 |
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17 cases
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Vhandel (Owen) v Board of Management, Guy's Hill High School
...of nullity instance, a Resident Magistrate who failed to sign an order for indictment would rend the subsequent trial a nullity. See R v Monica Stewart (1971) 17 W.I.R. 381. Also where a watch committee dismissed a Chief Constable without a hearing the dismissal was void. He had to go to t......
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Attorney-General v Administrator-General of Jamaica (Administrator of the Estate Elaine Evans, deceased)
...of the Court. Leave was not sought and in any event it was not granted. So the proceedings were invalid. For a comparable situation see R v Monica Stewart (1971) 12 J.L.R. 465. 66 The strength of the Attorney-General's position would have been grasped from the outset, had it been recognised......
- Kwame Apata v Roberts No 1
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Beckford v R
...in these terms: "Appeal allowed. Convictions quashed. Sentences set aside". In support of this position, we were referred to the case R v Monica Stewart (1971) 12 J.L.R. 465. In that case, the Resident Magistrate failed to sign the order for trial on indictment. Notwithstanding the appellan......
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2 books & journal articles
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When a Matter Starts
...indictment are found in the Schedule. 17. Section 272 of the Judicature (Parish Courts) Act. 18. Ibid. See too Regina v Monica Stewart (1971) 17 WIR 381, where the Court of Appeal held that the provisions of section 272 of the then Judicature (Resident Magistrates) Law, Cap 179, which requi......
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Triable Either Way
...Court signs the draft indictment. Failure to observe these requirements will result in the trial being a nullity. ( R v Monica Stewart (1971) 17 WIR 381). The Clerk then signs the indictment after the judge signs the order for indictment. Whenever an indictment is preferred charging any per......