Beswick v The Queen

JurisdictionUK Non-devolved
Judgment Date1987
Date1987
Year1987
CourtPrivy Council
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7 cases
  • Lucas v Mallalieu-Webbe et Al; Murray v Mallalieu-Webbe et Al; Carty v Mallalieu-Webbe et Al
    • St Kitts & Nevis
    • High Court (Saint Kitts and Nevis)
    • 22 Enero 2003
    ...further order of 19th or 22nd July 2002 was made without jurisdiction and/is of no effect. The applicants rely on the cases of Beswick v. R (1987) 36 W.I.R. 318; Cummings v. The State (1995) 49 W.I.R. 406; Paynter v. Lewis (1965) 8 W.I.R. 318. In Paynter v. Lewis (1965) 8 W.I.R. 318 at 320 ......
  • Polo v The State
    • Trinidad & Tobago
    • Court of Appeal (Trinidad and Tobago)
    • 8 Marzo 1995
    ...judge of an order for a retrial meant that the powers and/or functions of both judge and jury with respect to the trial were spent. 12 In Beswick v. R. (1987) 36 W.I.R. 318, the Judicial Committee of the Privy Council had to consider whether a magistrate who had convicted a defendant and se......
  • Davis and Franklyn v Commissioner of Police
    • Bahamas
    • Supreme Court (Bahamas)
    • 22 Mayo 1992
    ...violate the basic principle that the same human person or persons must decide on the totality of the evidence led: Beswick v Regina [1987] 1 W.L.R. 1346. 6 Once it became apparent that the appellant would succeed on ground 1 and that the conviction must be set aside; the question became whe......
  • Rondell Meade v The Commissioner of Police
    • Montserrat
    • Court of Appeal (Montserrat)
    • 28 Noviembre 2018
    ...Court Act s. 22(iv)). How the Magistrate should treat with matters heard before another Magistrate was explained by the Privy Council in Beswick v R. 12 The appellant had pleaded guilty before Resident Magistrate, Her Honour Ms. Francis, and the case was adjourned for trial. On the next dat......
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2 books & journal articles
  • Case Law
    • Jamaica
    • On Your Feet: Criminal Law Practice in the Parish Courts in Jamaica
    • 21 Junio 2021
    ...or a verdict of guilt or acquittal. Paynter v Lewis (1965) 8 WIR 318 Cummings (Steve) v The State (1995) 49 WIR 405 Beswick v R (1987) 36 WIR 318 R v Gilbert Henry [2018] CCJ 21 (AJ) Prince Duncan and Herman Ellis v Regina SCCA 147&148/2003 (February 1, 2008) Regina v Rennie Gilbert (2002) ......
  • Summary Trial
    • Jamaica
    • Criminal practice and procedure in the Magistrates' Courts in the Commonwealth Caribbean
    • 18 Junio 2010
    ...is passed however, the court is functus officio and it cannot continue any further hearing in the particular case. ( Beswick v R (1987) 36 WIR 318, P.C.) Summary Trial / 127 Plea of Not Guilty When the accused person pleads not guilty, he puts the prosecution to proof of all the elements ne......

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