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Showing posts with the label Paula Llewellyn

The Prosecution's Right To Appeal

The right of appeal by the prosecution against an acquittal in criminal cases has been placed once again on the front burner of public discussion by the learned DPP, Paula Llewellyn QC in the aftermath of the Kern Spencer acquittal in the "Cuban Lightbulb Trial". The DPP has not shirked from declaring publicly that the Senior Resident Magistrate made "an error in law" by upholding the no- case submissions. In a document dated October 7, 2013 the Office of the Director of Public Prosecutions put out its case for the Parliament to legislate such a right.. It is a very detailed document citing legal cases in support and giving quotations from eminent juris. To those unschooled in the law, this is heavy stuff--liberally infused with an overabundance of legalese. In this post we attempt to faithfully summarize some of  the main positions enunciated. We do so without indulging at this time in any assessment of whether the prosecution in Jamaica "deserves" s...