Tapper v Director of Public Prosecutions (Jamaicas)

[2012] UKPC 26
Privy Council Appeal No 0015 of 2011

JUDGMENT

Melanie Tapper (Appellant) v Director of Public Prosecutions (Respondent)

From the Court of Appeal of Jamaica

before

Lord Phillips
Lady Hale
Lord Mance
Lord Sumption
Lord Carnwath

JUDGMENT DELIVERED BY

LORD CARNWATH

ON

17 JULY 2012

Heard on 10 May 2012

Appellant
Edward Fitzgerald QC
Thalia Maragy
(Instructed by Simons Muirhead & Burton)

Respondent
Howard Stevens QC
Gayle Nelson
Ms Sharon Millwood-Moore
(Instructed by Charles Russell LLP)

LORD CARNWATH

This is an appeal from a judgment given by the Court of Appeal of Jamaica (Smith and Harrison JJA and Dukharan JA (Ag)) on 27 February 2009. They dismissed the appellant's appeal against conviction, but allowed her appeal against sentence on the grounds of "inordinate delay", in breach of her constitutional right to a fair hearing within a reasonable time. They reduced the sentence of 18 months imprisonment with hard labour, to 12 months imprisonment suspended for 12 months. In the present appeal there is no challenge to the substantive basis of the conviction. It relates solely to the appropriate remedy for the breach of constitutional right.

Background facts

On 7 July 1997 the appellant was arrested and charged with a number of offences arising out of events in 1994 to 1995. She was granted bail pending trial. She was tried jointly with Winston McKenzie ("McKenzie") on a number of counts of fraud. The counts against them both included two charges of conspiracy, on which they were acquitted. She was charged alone on a separate count of fraudulently causing money to be paid out. It is her conviction and sentence on that charge, as varied by the Court of Appeal, which gives rise to the present appeal. (McKenzie was convicted on ten counts, but only three were upheld by the Court of Appeal. There was no further appeal in his case.)

The trial before the Resident Magistrate was due to open on 28 January 1998. However, following a number of adjournments, on 6 July 1998 prosecuting counsel on behalf of the Director of Public Prosecutions entered a nolle prosequi. The stated purpose was to enable the proceedings to be recommenced in the Home Circuit Court on a voluntary bill of indictment. This action was challenged in the Constitutional Court (Panton, Smith, and Marsh JJ), who gave judgment on 8 February 1999. They held that the prosecutor's action was an abuse of the process of the court, and a contravention of the constitution. They stayed the voluntary bill, and remitted the criminal proceedings to the Resident Magistrate's Court.

The trial commenced on 25 January 2000, and continued intermittently for more than three years. The case for the prosecution itself lasted until December 2002. Following an unsuccessful submission of no case to answer, the appellant offered no evidence. On 29 May 2003 she was found guilty on count 11 and sentenced. Bail was granted pending appeal.

Notices of appeal against conviction and sentence were lodged by both defendants. The grounds filed by…

JUDGMENT