Blagrove (Oliver) v R.pdf - The Court of Appeal
Blagrove (Oliver) v R.pdf - The Court of Appeal
Blagrove (Oliver) v R.pdf - The Court of Appeal
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[15] <strong>The</strong> learned judge, it would appear, had some concern as regards the nexusbetween the accused and the alleged shooting. At page 97 <strong>of</strong> the transcript thefollowing dialogue is recorded:“Her Ladyship:Mr. Tyme:Her Ladyship:Mr. Tyme:Her Ladyship:So, tell me now, help me, what is theevidence, that links this man with the<strong>of</strong>fence?M‟Lady, this man is that, m‟lady, thism‟lady, is that this man was well knownto the complainant.This man?M‟LadyOr the assailants”And at pages 98-99:“Her Ladyship:What is the link between the assailantsand this man?Mr. Tyme: M‟lady, the evidence, it is notmentioned, but however, M‟lady and Ido submit, m‟lady, that it will not beunfair for the court, if the court sees itin that particular light, to amend theindictment at this stage, to reflect<strong>Oliver</strong>, Paul <strong>Blagrove</strong>.Her Ladyship:Mr. Tyme:And that amendment will be based onwhat?That it will not be in the circumstances,be unfair to the accused man, m‟lady.No disadvantage would have beenproven to him ins<strong>of</strong>ar as the evidencethat has been led against him in these
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