King v The Queen

Subject Matter

CRIME — Homicide — Common design to murder — Verdict of jury on basis of common design — Action in concert negatived by appeal court — Inability to know what verdict would have been if individual guilt considered — Conviction quashed — No case for new trial

[1962] AC 199; [1962] 2 WLR 301

POLICE — Jamaica — Constitution — Search or entry — Right of individual not to be subjected to — Evidence obtained by unauthorised search — Whether court's discretion to admit evidence taken away by constitutional right — Jamaica (Constitution) Order in Council, 1962, Sch 2, s 19

[1969] 1 AC 304; [1968] 3 WLR 391

CRIME — Jamaica — Crime — Evidence — Arrest made under search warrant — Evidence of search — Admissible in the discretion of the court — Discretion of court to reject admissible evidence unfairly obtained — Dangerous Drugs Law (Laws of Jamaica, 1953 Rev, c 90), ss 7 (c), 21 (2) — Constabulary Force Law (Laws of Jamaica, 1953 Rev, c 72), ss 18, 22 — Jamaica (Constitution) Order in Council, 1962, Sch 2, s 19

[1969] 1 AC 304; [1968] 3 WLR 391

CRIME — West indies — Barbados — Homicide — Verdict on basis of common design — Action in concert negatived on appeal — Not known what verdict on individual guilt would have been — Conviction quashed

[1962] AC 199; [1962] 2 WLR 301

Commentary

Blackstones Criminal Practice 2025
Discretion to Exclude at Common Law - Application to Evidence Obtained Unlawfully, Improperly or Unfairly - Cases before Sang F2.43