Page 870 - SUBSEC October 2017_Neat

02131020/CAPE/SPEC 2017

2

CAPE LAW UNIT 1
PAPER 02

MODULE 1 – CARIBBEAN LEGAL SYSTEMS
Key and Mark Scheme

Specific Objective: 5 (b)

(a) Legal principles
Personal relationship between Kerwyn and Ann - recently divorced
- may result in bias

Clear explanation 2 marks [2 marks]
Partial explanation 1 mark

(b) (i) Whether the following persons could be disqualified from
serving on the jury

Barney
o Jamaica
 awaiting or committed for trial for an indictable
offence
 conviction for treason
 imprisonment for more than six months
o Antigua and Barbuda
 conviction for an indictable offence
o Barbados
 conviction for any misdemeanour or felony for which
they have been sentenced to imprisonment
 conviction for any arrestable offence
o Trinidad and Tobago
 conviction for an arrestable offence
 conviction for crimes involving dishonesty
o Guyana
 conviction for crimes involving dishonesty
 imprisonment for more than six months

Whether Sandie can be disqualified

 Serious medical condition: The juror is currently suffering
from such a condition which would inhibit the ability to
serve.
 Flu – depends on whether it is serious medical condition
so as to affect her performance
 Effect of flu on the performance (In Antigua and Barbuda,
the judge has discretion)

For each person - clear explanation of one reason 2 marks each
[4 marks]
Partial explanation 1 mark