Appendix: Additional Commonwealth Caribbean Cases

• Pages: 504-517

ASSAULT, FALSE IMPRISONMENT AND

MALICIOUS PROSECUTION

AG v Charlton (1985) Cou rt of Appeal, Jamaica, Civ App No 85/83

Arrest – claimant detained at airport – accused of taking foreign currency out of

country – no reasonable cause for arrest.

AG v Francis (199 9) Court of Appeal, Jamaica, Civ App No 13 of 1995

Assault and battery – constable shot and wounded claimant – exemplary damages

awarded.

Ali v AG (1982) High Court, Trinidad and Tobago, No 1993 of 1978 [Carilaw TT

1982 HC 84]

Arrest and prosecution for using obscene language and resisting police ofcer –

whether claim barred by Public Authorities Protection Ord, Ch 9, No 4, s2 – whether

arrest justied under Summ ary Courts Ord, Ch 3, No 4, s104 and Police Service Act,

Ch 15:01, ss35, 36 – malice established – award of exemplary damages.

Atkinson v AG (199 0) 27 JLR 463

Malicious prosecution – claimant arrested and charged with larceny – charge dis-

missed – failure to prove absence of reasonable and probable cause.

Benne tt v Bernard (196 3) 8 JLR 227 (Court of Appeal, Jamaica)

Malicious prosecution – no evidence that defendant instituted cri minal proceedings

against claimant.

Burro ughs v AG (1990) TTLR 135 (High Cou rt, Trinidad and Tobago)

Malicious prosecution – Commissioner of Police charged with un lawful killing and

drug offences – whether reasonable and probable cause for prosecution – prosecu-

tor acting on advice of special counsel as well as DPP and Attorney General – no

absence of reasonable cause.

Bushell v Po rt Author ity of Trin idad and Tobago (1998) 56 WIR 460 (Court of

Appeal, Trinidad and Tobago)

Estate constable – detention of suspects – not classed as police ofcer – whether

employer, not state, vicariously liable.

Carrington v Karamath (1985) 38 WIR 306 (Court of Appea l, Trinidad and Tobago)

Arrest without warrant – claimant not told reason for arrest – aggravated and exem-

plary damages.

Charle s v AG (1973) High Court, St Vincent, No 138 of 1972 [Cari law VC 1973 HC 014]

Arrest – claimant detained at airport by immigration ofcer – prosecution for

attempting to leave country without tax exit certicate – reasonable cause to suspect

commission of offence.

Deen v Mc Donald [1950] LRBG 72 (West Indian Court of Appea l)

Malicious prosecution – charge of perjur y dismissed – no genuine belief in guilt of

claimant – onus of proof of lack of reasonable and probable cause.

APPENDIX: ADDITIONAL COMMONWEALTH

CARIBBEAN CASES

DOI: 10.43 24/97813 5106 5108 -18

10.4324/97813 51065 108-18