The Law Reports (Appeal Cases)
[1997] AC 624
[PRIVY COUNCIL]
KERVIN WILLIAMS
and Another Appellants and
THE QUEEN
Respondent
ZEPHANIAH HAMILTON
Appellant and
THE QUEEN
Respondent
JUNIOR LESLIE
Appellant and
THE QUEEN
Respondent
[APPEAL FROM THE COURT OF APPEAL OF JAMAICA]
1997 Feb. 10,
11,
12;
April 16
April 16
Lord Goff of Chieveley, Lord Mustill, Lord Lloyd of Berwick, Lord Steyn and Lord Hutton
Crime
— Summing up
— Judge's direction
— Judge directing jury to convict if defendant's statement accepted
— Whether misdirection
— Judge failing to direct jury to consider two counts of murder separately
— Whether substantial miscarriage of justice
— Judge referring to revenge theory advanced by prosecuting counsel in address to jury
— No prior notice to counsel of intention
— Whether defendant deprived of fair trial
—
Judicature (Appellate Jurisdiction) Act, s. 14(1)
Jamaica
— Crime
— Homicide
— Classification of existing murder convictions as capital or non-capital
— Single judge classifying murders and determining death sentences warranted
— Classification and determination upheld on review by three Court of Appeal judges
— Whether Privy Council having jurisdiction to entertain appeals
—
Jamaica (Constitution) Order in Council 1962 (S.I. 1962 No. 1550), Sch. 2, s. 110(3)(5)
—
Offences against the Person Act 1864 (c. 268), s. 3(1A), 3B(5) (as inserted by Offences against the Person (Amendment) Act 1992 (No. 14 of 1992), ss.3(b), 4)
—
Offences against the Person (Amendment) Act 1992, s.7