R v Monica Stewart

JurisdictionJamaica
Date1971
CourtCourt of Appeal (Jamaica)
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17 cases
  • Vhandel (Owen) v Board of Management, Guy's Hill High School
    • Jamaica
    • Court of Appeal (Jamaica)
    • 7 Junio 2001
    ...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......
  • Attorney-General v Administrator-General of Jamaica (Administrator of the Estate Elaine Evans, deceased)
    • Jamaica
    • Court of Appeal (Jamaica)
    • 29 Julio 2005
    ...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
    • Guyana
    • Court of Appeal (Guyana)
    • Invalid date
  • Beckford v R
    • Jamaica
    • Court of Appeal (Jamaica)
    • 2 Octubre 2009
    ...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
  • When a Matter Starts
    • Jamaica
    • On Your Feet: Criminal Law Practice in the Parish Courts in Jamaica
    • 21 Junio 2021
    ...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......
  • Triable Either Way
    • Jamaica
    • Criminal practice and procedure in the Magistrates' Courts in the Commonwealth Caribbean
    • 18 Junio 2010
    ...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......

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