THE UNIVERSITY OF TECHNOLOGY, JAMAICA

THE FACULTY OF LAW

CRIMINAL LAW 1

TUTORIAL SHEET 2 – UNIT 2

GENERAL PRINCIPLES OF CRIMINAL LAW

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QUESTIONS

1. Jane Eyre is charged summarily with “being in possession of marijuana”. She

is unclear of the procedures which would ordinarily obtain at the
ParishCourt and wishes to know:

a. How proceedings are commenced in the Parish Court?

b. What categories of offences are tried by the Parish Court Judge?

c. How trials are conducted in the Parish Court?

d. The role of the Parish Court Judge where a person is being tried in the
Parish Courts?

e. Who has the burden of proof?

f. Will there be a jury? If not, Why?

2. Jamie Phillips is on trial for the murder of his uncle. The trial is set for 2

days. Jamie is apprehensive about what will happen on the day of his

trial. On the first day of trial, as the jurors are about to be sworn in, Jamie

realizes that he knows two members of the jury. One is a lady who is

disputed to be his cousin. She is thought to be, by many members of his

 community, his deceased’s uncle “outside child”. The other person he

recognizes is his High School Teacher whose son died from a heinous

murder committed twenty years ago. Jamie remembers from school that

his teacher was very bitter and would always voice his opinion, whenever

the opportunity presented itself, that all convicted murderers should be

sentenced to death.

a. Advise Jamie as to how the jurors were empanelled, as he is

concerned that these persons were purposely chosen by the

Registrar of the Supreme Court so that he would be found guilty.

b. Advise him whether he can take any steps to have the two jurors he

recognizes dismissed.

3. Discuss who generally has the burden of proof in criminal cases and

whether there are any exceptions to this rule.

4. Marcy Henry is charged for stealing eddoes under the “Man Shall Not

Steal Act”.1 The act of stealing eddoes is a scheduled offence under the

aforesaid Act, therefore making it one which could be heard either way.

Henry is brought before Parish Court Judge Sam, who decides that the

punishment he has the power to inflict would be adequate and as such the

offence is not one which requires trial on indictment. In his hurry to

dispense with the trail, Parish Court Judge Sam fails to get the consent of

Henry to hear the trial and finds him guilty as charged. He sentences him

to the maximum penalty prescribed by law, being six months hard labour.

1
This Act has been named for the purposes of this question solely; no such Act
exists in Jamaica.
 Henry is infuriated by the decision of judge Sam; he feels as though judge

Sam deprived him of his right to trial by jury.

(a) Advise Henry whether he has any recourse against the decision.

(b) Would your answer have been different if the offence was not a scheduled
offence, but rather it was one which the statute provided that the person
found guilty may “on summary conviction” be liable to a particular
sentence and alternatively “on indictable conviction” may be liable to a
different sentence.?
5. Tom Myers is a renowned petty thief in downtown Kingston who has
scant regard for the law. One day Tom is in the process of stealing a
cellular phone from a shopper when he is arrested by the police. Tom is of
the belief that the police had no right to arrest him without a warrant as
his friend Maximay Bennet who is a repeat offender and is familiar with
the law on arrest told Tom this. Tom therefore wants to initiate
proceedings against the Police Force of Jamaica for breach of his
constitutional rights.

(a) Advise Tom of the likelihood of success.

(b) Would your answer be different if the police office did not “catch Tom in
the act” but rather he was advised by a passerby that Tom had just stolen
the cellular phone?

6. How many pre-emptory challenges are available to the Prosecution and

the Defence in a jury trial in the Supreme Court for:
(a) Capital Murder
(b) non-capital murder
(c) All other offences.
Prof. Kent S. Pantry, CD,QC
25.8.2019