The Hon. Miss Justice Christine McDonald

Bail application

Malicious Prosecution - Whether complainant to be considered prosecutor - Whether officer to be considered prosecutor in circumstances - Whether prosecutor had reasonable or probable cause - Damages - Aggravated Damages - Exemplary damages - Vindicatory damages

Declarations - Constitutional Redress – Sections 13(3) (g) & (h) of Charter of Fundamental Rights and Freedoms – Right to equality before the law – Right to equitable and humane treatment by any public authority – Sections 21 & 22 of the Constabulary Force Act – Section 58 of the Road Traffic Act – The Kingston Metropolitan Transport Region Act - Alternative/adequate means of redress available – Permanent injunction.

Extradition – Writ of habeas corpus –Meaning of ‘Extradition Offence’ – Principle of dual criminality - Whether conduct test or offence test to be applied – Whether the transmission of HIV virus is capable of amounting to a crime in Jamaica – whether putting an individual at risk of HIV is capable of amounting to a crime in Jamaica – Infliction of grievous bodily harm – sections 20 and 22 of the Offences Against the Persons Act – sections 5, 6, 10, 11 of Extradition Act – Aggravated Sexual Assault contrary to section 273 of the Criminal Code of Canada

IN THE SUPREME COURT OF JUDICATURE
IN COMMON LAW
SUIT NO. C.L. W 421/OF 1995
BETWEEN SYDNEY WHONDER PLAINTIFF
AND COURTS JAMAICA LIMITED DEFENDANT
Mrs. Jacqueline Samuels-Brown and Miss Thalia Maragh instructed
by Jacqueline Samuels-Brown for Plaintiff.
Mr. Garth McBean instructed by Dunn Cox Orrett and Ashenheim for
Defendant.
HEARD: June 13th,1 4 a~nd~ 2 5th September, 2001
McDONALD J (Ag)
The plaintiff brings this action in negligence and/or breach of statutory duty and/or

I N THE SUPREME COURT OF JUDICATURE OF
I N COMMON LAW
SUIT NO. C.L. 1989/~-014
BETWEEN SPURGEON REID PLAINTIFF
A N D
A N D
CORPORAL LOBBAN
THE ATTORNEY GENERAL
FOR JAMAICA
1ST DEFENDANT
2ND DEFENDANT
M i s s Keri-Gaye Brown f o r P l a i n t i f f i n s t r u c t e d by Gifford, Thompson
& Bright.
M i s s Monique Harrison f o r 2nd Defendant i n s t r u c t e d by the Director
of S t a t e Proceedings.
Heard: May 30 & June 12, 2001
McDONALD J. (Ag.),

IN 'THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN EQUITY
SUIT NO. E - 283 of 2000
BEWEEN HILDA MlNG APPLICANT
AND DONALD MlNG RESPONDENT
Mrs. Janet Taylor and Miss Stacy-Ann Brown for the applicant instructed
by Taylor Deacon and James.
IDebayo
A. Adedipe for Respondent.
Heard: June 13 and 21; Julv 29; Auqust 26
and September 20,2002
MCDONALD J IAQ
By an amended originating summons dated 22"' August 2000,
brought under section 16 of the Married Women's Property Act, the