Yohanna George v Vernon O’Brien

COMMONWEALTH DOMINICA JUDGMENT ACTIE MASTER [AG.]: is an application for assessment of damages. with Statement of Claim filed on 13th January 2010 the claimant claims against the defendants for general, aggravated and exemplary damages;(ii) assault; (iii) battery; (iv)false imprisonment and (v) malicious prosecution, claimant alleges damages. sl defendant without walked faster across st defendant she was unable claimant states that she was assaulted was remanded in a cell for 9 hours, charged and then released on bail. was acquitted on all charges when the matter came before the court on 2009. items listed above could be located after! was roughslight descriptions size and design of the is the that special damages must be specifically pleaded and proved. British Transport Commission v Gourley 1. Special damages in sense a monetary loss which the plaintiff has sustained up to the date of trial must be pleaded and particularized, it is plain law that one can recover in an action special damage which has been pleaded and, of course proved. See Lord Diplock L J in I K I W v Samuel2 , However nominal damages may also be awarded where the fact of a loss is shown but the necessary evidence as its amount is not given as in this case. “AnAr!!:l1 Damages on Damages an Merson v Drexel Cartwright & The Attorney General of The Bahamas4 Council affirmed the of High Court Judge when claimant was awarded $8,160.00 by way of special damages; damages assault, battery and false imprisonment; $90,000.00 damages for malicious prosecution and $100,000.00 including amounts of aggravated and exemplary damages in a case against police officers. Mahadeo Sookhai v The Attorney General of Trinidad & Tobago5 where the court awarded $25,000.00 for assault and battery; 0,000.00 for aggravated Fourteenth Edition Para 9 page 10 MU”t::m No. of 2003 delivered October 2005 October 2007 $ unlawful search in sum Assault and Battery is the threat or use force on another that causes that person have a reasonable apprehension of imminent harmful or offensive contact. Battery covers intentional or reckless use of unlawful force on another person, resulting in or offensive contact. Thus, anything that amounts to a blow whether on following authorities: was General Charlesworth Morancie v Marlon Guiste etal 1 l a damages claimant was violently assaulted by the defendant, a at the inflicting severe wounds to both arms, the left wrist and forearm permanently deformed and four fingers were severed from the right hand. The awarded $100,000.00 for pain suffering and loss of amenities. nature and extent of the assault and battery were outlined by the claimant in claim and submissions in support of the assessment of damages. The ciaimant states that she was assaulted by the 1 st defendant who held her delivered on November delivered on delivered clear evidence that the claimant suffered injury to feelings, indignity, humiliation. circumstances leading the arrest of the claimant presence a crowd on carnival Tuesday night. claimant said she was in the company of a friend visiting from Barbados and other friends after the parade. She also suffered embarrassment at the Police Station in the presence of her father and other inmates in the cell. Me Gregor on Damages states assault affords protection with . In an award an damages was discussed by the Privy Council in Chan Wai relevant conditions are

[1964]WLR 1382 at page Singh Morris delivering the advice of the Board says- In deciding this appeal their lordships think that three considerations may be had in mind ….. (3) That to the extent to which regard should be had to the range of awards in other cases which are comparable such cases should as a rule be those which have been determined in the same jurisdiction or in a neighbouring locality where similar social, economic and industrial condition exists’ .” WIR24 the sum claimed by the claimant is excessively high case was completely deprived Me Gregor on damages13 the was in company of friends and friend visiting from Barbados. The restraint took place in the open in Tuesday. claimant faced her father and in the prison cell The takes into consideration the awards made in several authorities. In Danny Severin v The Attorney GeneraP4 the claimant detained in custody for more hours was awarded $8000.00 for false imprisonment. In Raymond Warrington and Karl Peters v Cleville Mills and the Attorney General of Dominica15, the court awarded the first claimant $20,000.00 for false February prosecution sum wrongfully arrested and the claimant further avers a year and 3 claimant on the Jamaican case of Ellis v Ransford A. Fraser & The Attorney General of Jamaica where the appellant a forestry officer was taken onto custody detained, interrogated for 7 hours, charged with several offences under the Larceny Act, interdicted from duty and thereafter the charges against him were dismissed. An award of JA $2.1 million equivalent to approximately EC $65,000.00 was granted in 2004. The claimant states that taken into consideration inflation an award should be between $80,000.00 – $100,000.00. 964) AC 29, are behaviour amounted said wrongful actions serve compounded by bringing of a false criminal charge is wholly unacceptable and must not be tolerated under any circumstances” see Kuddus V Chief Constable of Leceistershire2o. The facts in this case do not was a false criminal charge. However the highhanded ness and callous actions police officers and to act to deter officers concerned from repeating conduct in a small jurisdiction like Dominica necessitates an award exemplary damages. The action of the 1 sl t defendant, an officer, who is trained serve and protect, is unacceptable. I note the award of $5000.00 made in 2006 the Myster Perter Matthew’s and taking into account the distinguishable circumstances in the case at bar and also inflation over the years. On the totality evidence and the authorities cited am of the view that an award in the sum Imprisonment in Malicious Prosecution Damages