The State v Mitchell

JurisdictionTrinidad & Tobago
Date1977
CourtCourt of Appeal (Trinidad and Tobago)
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3 cases
  • Adrian Nicholas Appellant v The Queen Respondent [ECSC]
    • Antigua and Barbuda
    • Court of Appeal (Antigua and Barbuda)
    • 17 November 1986
    ...in mind that the defence was that Adrian Nicholas acted either in self defence or under provocation. 45 In the STATE v MITCHELL (1977) 29 W.I.R. 381 Hyatali C.J. referred to the value of an unsworn statement from the dock which, according to him, "has not only been the subject of much debat......
  • Howell v R
    • Barbados
    • Court of Appeal (Barbados)
    • 30 March 1994
    ...to kill or to cause grievous bodily harm ruled out provocation and that clearly is not the law as is demonstrated by the cases of The State v. Mitchell (1977) 29 W.I.R. 381 and Baptiste v. The State (1983) 34 W.I.R. 253 both decisions of the Court of Appeal of Trinidad and Tobago. In the fo......
  • R v Gibson
    • Jamaica
    • Court of Appeal (Jamaica)
    • 18 December 1986
    ...the jury, it may, nevertheless, make the jury see the proved facts and the inferences to be drawn from them in a different light. See The State v. Mitchell (1977) 29 W.I.R. 381 per Hyatali, C.J., at page 393. It is true that the resident magistrate did not state specifically whether she had......
1 books & journal articles
  • Summary Trial
    • Jamaica
    • Criminal practice and procedure in the Magistrates' Courts in the Commonwealth Caribbean
    • 18 June 2010
    ...less persuasive than sworn evidence. 74 The issue of unsworn statements came up in the Trinidadian case of The State v Mitchell (1977) 29 WIR 381 in which Hyatali C.J. stated: It seems to us, however, that in the formulation of the basic principles, there is no difference between Frost and ......

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