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Admissibility – Defendant being charged, inter alia, with possession of cocaine with intent to supply – No defence being served by time of plea and case management hearing R v Newell: CA (Crim Div) (Sir Anthony May (president), Mrs Justice Dobbs, Mr Justice Underhill): 30 March 2012 Paul Jackson (assigned by the Registrar of Criminal Appeals) for the defendant; Robert Spencer-Bernard (instructed by the Crown Prosecution Service) for the Crown. In 2009, the defendant’s cousin, X, who was the tenant of a flat, allowed the defendant to stay. Later in the year, X effectively moved out. In February 2010, officers of the landlords of the flat gained entry to it to enforce an eviction order against X. They found a quantity of white powder which was found to contain lignocaine, a cutting agent commonly used with cocaine. A further quantity of white power was also discovered which, upon analysis, was found to contain 26.6 grams of 66% cocaine. Also found were an empty box for digital mini scales, £400 in cash and pieces of paper showing names and amounts. The defendant was subsequently arrested. In November 2010, prior to trial, a plea and case management hearing (PCMH) took place, at which time no defence had been served. In response to the question on the PCMH form (the form), ‘if not clear from the defence statement, what are the real issues?’, the advocate for the defendant wrote ‘no possession’ (the statement). In April 2011, the defendant’s legal advisers were changed. A defence statement was served on the first day of the trial and stated, inter alia: ‘I accept possession of exhibit MLR/07 [the cocaine]. However, I deny that I was in possession of the cocaine with intent to supply.’ The defendant gave evidence in accordance with the defence statement. At the beginning of his cross-examination, counsel for the prosecution handed the form to the defendant and the judge, seeking to adduce what was stated therein, as it was inconsistent with the defendant’s defence. Counsel for the defendant objected. The judge ruled, inter alia, that what was on the form was no different to a defence statement signed on the defendant’s behalf by his solicitors in accordance with his instructions and that it was perfectly proper to cross-examine the defendant on the statement. When cross-examined on the form, the defendant accepted that the form had been completed by his original counsel and alleged that the words ‘no possession’ were the result of a misunderstanding by counsel. In the course of his summing up, the judge gave, inter alia, a Lucas direction in relation to the statement. The defendant was subsequently convicted, inter alia, of one count of possession of cocaine with intent to supply. The defendant appealed against conviction. The issue was whether the judge had been correct to admit as evidence the statement on the form. The questions that fell to be determined were: (i) whether the statement was admissible evidence; and (ii) if the statement was admissible evidence, whether the judge ought to have exercised his discretion under section 78 of the Police and Criminal Evidence Act 1984 to exclude it. Consideration was given, inter alia, to section 118(1) of the Criminal Justice Act 2003. The appeal would be allowed. (1) An advocate plainly had implied actual authority to do what was normally incidental, in the ordinary course of his profession, to the execution of the advocate’s express authority. Recording a matter on a PCMH form was incidental to that which the advocate had been authorised to do – conduct the defence of a client. Even if the advocate had no implied authority, as the client had said something different to what he had recorded, the advocate would have ostensible authority to do so with regard to the court (see  of the judgment). On the facts of the instant case, applying established principles, as what the court had been told at the PCMH had been said by counsel in the presence of the defendant, it had been admissible. It had not mattered that the defendant could call evidence to show that what had been said had not been said on instructions; the advocate had had ostensible authority to make the statement. The evidence was admissible even though the defendant could call evidence to show that it had been said without authority. Accordingly, the judge had been entitled to conclude that the statement made on the PCMH form had been in principle, as a matter of law, admissible at the trial before him (see ,  of the judgment). (2) Provided that the case was conducted in accordance with the letter and spirit of the Criminal Procedure Rules, a statement written on a PCMH form should, in the exercise of the court’s discretion under section 78 of the act, not be admitted in evidence as a statement that could be used against the defendant. The information was provided to assist the court. There might be cases where it would be right not to exercise the discretion but to admit such statements. Those circumstances were fact-specific, but one example would be a case where there was no defence statement despite the judge having asked for one to be provided and an ambush attempted inconsistent with what was stated on the PCMH form. In such a case it would not be appropriate to exercise the discretion to refuse to admit what was stated on the form, if an adjournment to enable the prosecution to deal with the issue could be avoided. However, provided that the parties adhered to the letter and the spirit of the Criminal Procedure Rules and followed the practices outlined, such cases ought to be very rare (see  of the judgment). On the facts of the instant case, the judge ought not to have admitted the statement on the PCMH form as evidence against the defendant. That was partly for reasons connected with the good administration of justice, but primarily because of what happened at the trial. The defendant’s counsel had, by the time of the trial, produced a defence statement which had made the case clear and had admitted possession. The statement on the form had been put to the defendant in the witness box without any warning to his counsel. The prosecution was then seeking to say that the defendant’s previous position as recorded on the form had been a lie and to rely on that lie as evidence of his guilt. It was therefore a case where there had been no disadvantage to the prosecution; on the contrary, the prosecution had been seeking to use the statement to the detriment of the defendant. The way in which it had been done had been unfair to the defence. The discretion under section 78 of the act ought to have been exercised so as to refuse the admission of the statement. Accordingly, the conviction was not safe (see ,  of the judgment). The conviction would be quashed (see ,  of the judgment).
I am fascinated by the concept of time and timing in the construction industry’s decision-making process.How long should the building last? Does it really matter if more often than not we demolish it way ahead of its intended lifespan? Lowest capital cost before whole life cost? These decisions, among many others, are often made on the basis of the perceived best answer when looking at the issue in the moment, or just a little way ahead, rather than perhaps what may be best over the medium or longer term. Perhaps the most everyday example is: why pay more if someone else is offering to do it cheaper?In this respect, I’m very familiar with the idea that everyone being asked to bid is considered equally capable of carrying out the scope of work, they all seem to know about the project and the people being offered seem fine. So the implied differentiator must be price, right? In a world where appraisals and finances are tight, and there appears no obvious tangible benefit to appointing someone at a higher price (because any benefits relate to the future and not now), you can perhaps understand why many plump for the cheapest. But all too often these decisions come back to haunt, as during the medium to longer term a pattern emerges that has financial consequences that far outweigh the money saved at initial decision stage.There is always a right price to allow a good job, but rarely a very low price to do the same good job. We translate this in everyday life as ‘you get what you pay for’. The last time I had domestic building work carried out at home I decided to obtain three prices from local builders (in true quantity surveyor style) and the prices received covered quite a wide range. My initial reaction was, as you might expect, to go for the lowest. However logic meant that, despite the temptation, I would be walking into a wave of problems and commercial headaches. Put simply, the offer was too good to be true. Fortunately I chose the sensible option and employed the builder with the offer that I believed to represent the best value for money in the longer term. Rationalising this in my mind as the best value for money meant that I was not selecting the most expensive – an important distinction! I had a fantastic experience and later learned that friends who employed the lowest bidder on another project sadly had the opposite experience, which ended in a legal dispute.I realise I’m not telling anyone anything new here, but it does amaze me how many intelligent people often make rather short-sighted decisions. Perhaps that’s because they are simpler to make, more straightforward to explain to others, easier to gain approval for or make budgets look more attractive. I suspect there is also a human psychology angle here about finding it difficult to make a decision based on a prediction of how things may, or may not, play out in the fullness of time (which is much less tangible than the numbers staring you in the face at the moment you need to decide). These points are also often exacerbated by little evidence of added value from paying more than the lowest bidder (who has generally bid tactically with no motivation to deliver a job that exceeds the client’s expectations).The search should be for best value, which is not the same as appointing the cheapest. If the market is going to turn this year, it is worth remembering this and avoiding similar mistakes to those made after the credit crunch. Caveat emptor, as some might say….Iain Parker is a founding partner of Alinea Consulting
PHOENIX (AP) – Authorities say a Phoenix woman has been arrested in her daughter’s death after giving the toddler methamphetamine in an effort to counteract the methadone she had consumed from an open container.Police say 30-year-old Natalie Russell was arrested last week on suspicion of one count of first-degree murder and two counts of child abuse.They say 22-month-old Adalynn Russell died on April 14 and autopsy results showed she had toxic levels of methadone and methamphetamines in her system. Methadone is a drug used to prevent withdrawal symptoms in those addicted to opiates.Officers were called to the family’s home in response to a child not breathing. Paramedics worked to revive the girl, but she died at the scene.It wasn’t clear Tuesday if Natalie Russell has a lawyer yet. Published: August 2, 2016 5:53 PM EDT Police: Baby died after mom fed her meth to offset methadone SHARE Do you see a typo or an error? Let us know. Author: Associated Press
The justice secretary chose neither to rebut nor confirm speculation today that he is on the brink of abandoning a controversial new contracting regime for criminal legal aid.Answering justice questions in the House of Commons this morning, Michael Gove (pictured) was asked by Labour’s shadow minister for human rights Andy Slaughter to confirm press reports that he was about to abandon new contracts to provide 24-hour cover at police stations.Gove replied: ‘As far as criminal legal aid contracts go, it has been the case that we have had to reduce the spend on criminal legal aid in order to deal with the deficit that we inherited from the last government. But it is also the case that we maintain more generous legal aid in this country than any other comparable jurisdiction.’ Both the Law Society and shadow justice secretary Lord Falconer have called for a public statement to clarify the future of the new contracting system, currently bogged down in challenges to the procurement process.A judicial review, sought by the Fair Crime Contracts Alliance, is set to open on 7 April and is expected to last seven days. A hearing into more than 100 individual procurement law challenges will begin on 3 May and is expected to finish on 16 May.
Christina has also recently introduced a BootCamp to her class portfolio, this has been created by herself and incorporates workoutsthat Christina uses herself. She has developed the BootCamp froma lot of research into the best methods to keep fit and tone muscle. The BootCamp is different every week and incorporates cardio, weight training and strength and condition work. Her clients are really enjoying the variety, Jane (a CAFitness since February 2015) added that she loves that she never knows what she is going to be doing when she attends this motivates her to attend as she likes to try new ways of keeping fit.All of the classes Christina offers at CAFitness suit all abilities you do not have to be super fit to attend, there is something for everyone and everyone is welcome.Check out CAFitness facebook page for details on the classes or text Christina on 07950 620153.Christina told DGWGO “Health and fitness is my passion, I love to discuss with people how I can help them. My classes are friendly and everyone comes away feeling like they have had a great workout and they are seeing improvements every week. My aim is to promote health and fitness, to show that hard work and dedication does go a long way. If we are healthy and fit then we will live longer and happier lives.”-Christina Adamson, CA FitnessINSANITY- CA FitnessDGWGO- July 2015 AddThis Sharing ButtonsShare to FacebookFacebookFacebookShare to TwitterTwitterTwitterShare to LinkedInLinkedInLinkedIn Christina AdamsonChristina Adamson from Dumfries has always been dedicated to health and fitness. Amongst many personal fitness successes; from running her first marathon 2 years ago and recently completing a 37 mile trail ultra marathon; she has been on a journey pursuing a personal and professional fitness quest.As her friends and colleagues suggestion she looked into gym instructor courses last year and after researching various programs she is now has several qualifications under her belt including INSANITY and PiYO certifications.Christina chose the INSANITY and PiYO programs because they are like nothing else offered in Dumfries. Having participated in these classes before, she was aware of its unique design and wanted to provide an effective course to help people in Dumfries stay healthy, motivated and in-shape. PiYO has only recently been introduced to the UK and Christina was one of the first fitness instructors to undertake the qualification to become a PiYO instructor. PiYO is a low impact high intensity workout which fuses the methods of yoga and pilates into an effective calorie burning workout which will use every muscle and help clients tone up and achieve that amazing flexible toned physique while building a sweat and finish the class knowing you have had a full body workout.Why not go to a gym? Gym memberships can be expensive and often tie you into a contract- this can end up costing you a pretty penny. INSANITY and PiYO classes are run on a pay as you go or monthly pass basis, allowing you the freedom to go to as many or few classes as you like. INSANITY and PiYO differs from a gym experience in many ways- flexibility, cost and instant health benefits. Classes will help you grow your confidence in a friendly, motivating environment. Unlike traditional, old-school workouts INSANITY’s high-intensity activity forces the body to work for longer periods of time at a higher capacity than traditional workouts. As a result, people experience faster increases in cardiovascular fitness, and burn carbohydrates and fat more efficiently—as much as 1,000 calories per hour!As the name implies, the classes can be intense, but the beauty of this course is its structure, allowing you to work at your own level. Every movement can be modified based on level of experience. Whether you’ve just begun exercise, are recovering from an injury, want your pre-baby body back or just want to maintain a healthy and active lifestyle, INSANITY classes can work for anyone.
Following backlash from locals and members of the diaspora, Prime Minister Andrew Holness and Minister of Health and Wellness, Dr. Christopher Tufton both issued an apology to the residents and said that the issues were being rectified. Although the public apologies were warranted and largely accepted, the issues highlighted by residents have discouraged many Jamaicans in the diaspora who are eager to go home. Bahia Principe Jamaica. Photo via Jamaica Observer Quarantine meals posted by residents Prime Minister Andrew Holness has admitted that the 600 persons that are currently in quarantine and isolation have stretched the government’s resources thin. “Out of compassion and an overwhelming desire to bring our citizens home, we are now beyond our quarantine capacity,” he said. Residents at the facility took to social media to post videos and images of the deplorable meals and rooming conditions that they were being subject to. But while Holness said that home quarantine may be the best compromise, he remains cautious that it could cause a slew of other problems if the protocols are not followed. Holness said that indiscipline of returning residents could still lead to a drastic spike in imported/import-related cases in the country. Over the last week, as Jamaica began to repatriate its citizens that have been stuck overseas since March, many returning residents have brought attention to the sub-standard conditions of some of the island’s state quarantine facilities. The Bahia Principe Hotel in Runaway Bay is one such hotel that has been called out by residents staying at the facility, which currently accommodates 345 of the residents that have returned so far. Residents revealed a slew of problems at the facility, including rooming delays, no COVI-19 testing, substandard meals, discrimination and verbal abuse from the workers at the hotel. Many citizens had asked the government to consider the isolation of returning residents in their homes, in order to use the hefty quarantine bill elsewhere. At a press conference earlier this week, Prime Minister Holness said that the government has taken the suggestion and would be implementing a geo-fencing monitoring system to facilitate self-quarantine. Under the controlled re-entry program, returning Jamaicans have to be quarantined in a state facility for 14 days at a discounted cost of USD $20 for meals and other needs. But last week, the Jamaican government came under fire for the conditions of some of the facilities, which have been likened to that of prisons. As a result, he said, it will be at least 14 days before Jamaica is able to accommodate any sizeable additional cohort. Accommodation and food for the initial batch of 330 returning Jamaicans have cost the government $64 million, which does not include security, healthcare, and other expenses. Minister Tufton also suggested that many public-health officers, nurses, and inspectors, who are currently not allowed vacation leave, are suffering from burnout. Also adding to the government’s concerns is the fact that over 9,000 Jamaicans have applied to return home and are waiting for approval. There is still also over 1,000 Jamaican cruise ships workers, still stuck at sea and waiting for permission to disembark.
A U.S.-based global health organisation PATH has begun testing a single-use contraceptive injection in parts of Africa. It employs a system developed back in the 1980s to make injections simpler in the developing world. Here’s more on that story.
Share Tweet Sharing is caring! The World Day of Prayer is a special day celebrated on the first Friday in March each year. This year it falls on Friday 6th March, 2020.The World Day of Prayer Celebration is a worldwide movement of Christian women that began in the U.S. and Canada in the 19th Century and became worldwide in 1927.Every year, the worship service focuses on a different country and a specific theme. This year, the program materials for 2020 are being designed by the women of Zimbabwe, under the theme “Rise! Take your Mat and Walk”.Various aspects of the Zimbabwean culture will be highlighted during the service.In Dominica, World Day of Prayer is being celebrated at the St. Alphonsus Catholic Church on Friday 6th March, 2020 at 6. 00 p.m.A cordial invitation is extended to all to attend the celebration as we unite in prayer, action and solidarity. Share Share LifestyleLocalNews Friday is World Day of Prayer by: – March 5, 2020 26 Views no discussions
Rohde & Schwarz has expanded the functionality of their R&S RTE and R&S RTO digital oscilloscopes to include a triggering and decoding option for the new CXPI (clock extension peripheral interface) protocol. This newly developed automotive communications bus is a cost-effective alternative to the LIN protocol. CXPI interfaces can now be tested as early as in the design phase using oscilloscopes from Rohde & Schwarz.The new R&S RTx-K76 CXPI serial triggering and decoding option allows users to analyze the clock extension peripheral interface (CXPI) communications bus with R&S RTE and R&S RTO oscilloscopes. Users can decode all protocol details and isolate anomalies by triggering on the corresponding details. This significantly accelerates design verification and implementation of CXPI interfaces.CXPI was standardized in 2015 under SAE J3076 as a communications bus for diverse automotive applications. The bus uses pulse width modulation to transmit data over a single wire at 20 kbit/s. The characters used are based on UART.When debugging CXPI interfaces during development, users can trigger on conditions such as start of frame, frame ID, data values and various error conditions. The instrument’s powerful search and navigation functions make it easy to detect relevant events in the CXPI data stream. The oscilloscope displays decoded telegrams as color-coded bus signals in a waveform diagram or as a table. As a result, developers can verify the quality of their products early during development.The R&S RTE and R&S RTO let users simultaneously decode up to four serial buses from analog or logic signals. The oscilloscopes also deliver the fastest eye diagram mask tests using the standard mask test functionality.The R&S RTE-K76 and R&S RTO-K76 CXPI serial triggering and decoding options are now available from Rohde & Schwarz.