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Housen, Maurice v The Attorney General of Jamaica and The Commissioner of Police for Jamaica

Case Number: 
SU 2021 CV 03215
Neutral Citation: 
[2024] JMFC Full 02
Date of Delivery: 
26.01.2024

Constitutional Law - Charter of Fundamental Rights and Freedoms - Section 16 - - Right to due process - Prohibition against retrospective application of more severe penalties.
Whether fixed penalty imposed by null and void ministerial order and upon fixed penalty notice issued pursuant to section 116 of the Road Traffic Act 1938 in excess of fixed penalty prescribed by the Act constitutes a breach of the right to due process enshrined in section 16(11) of the Charter of Fundamental Rights and Freedoms.
Charter of Fundamental Rights and Freedoms - Section 19(1) of Charter of Fundamental Rights and Freedoms - Appropriateness of award of vindicatory damages.
Representative action - Appropriateness of award of monetary remedy by way restitution or recovery of fixed penalties paid in excess of that lawfully imposed by the Road Traffic Act 1938.

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