Gilbert, Troy v Regina

IN THE SUPRENIE COURT OF JUDICATURE OF

JAMAICA

CLAIM NO. 2007 HCV0709

BETWEEN

AND

TROY GILBERT

REGINA

APPLICANT

RESPONDENT

Lord Anthony Gifford, Gifford Q.C. for thl Applicant

C. Mrs. C. Hay for Crown

Heard: 3oth, 31St October, 2007

BECKFORD, J:

On the 4th June, 1994 Mr. Hubert Gordon was bludgeoned to death at his home at Mount

Charles, St. Andrew. The Applicant Troy Gilbert who was born on the 29" March, 1977 was

convicted of this murder on the 4th November, 1996. By virtue of his age at the date of the

commission of the offence the Applicant was sentenced to be detained at the Governor General's

pleasure.

c.~ Consequent on the decision of the Judicial Committee of the Privy Council in Director of

Public Prosecutions v Mollison (Kurt) (2003) 62 W.I.R. 268 the Jamaican Court of Appeal on

d the 23rd July, 2007 quashed the sentence. As a result the Applicant is now being held at the

Court's pleasure. CB

In accordance with Part 75.2 of the Civil Procedure Rules 2002 the Applicant seeks a

review of his incarceration at the Court's pleasure. The orders he seeks are set out in part 75.6(1)

and (2) of the Civil Procedure Rules to wit: