Subscribe Login
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Business Bites
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup
      • Olympics
      • #
    • Videos
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obits
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Business Bites
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup
      • Olympics
      • #
    • Videos
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obits
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
  • Home
  • News
    • International News
  • Latest
  • Business
    • Business Bites
  • Cartoon
  • Games
  • Food Awards
  • Health
  • Entertainment
    • Bookends
  • Regional
  • Sports
    • Sports
    • World Cup
    • World Champs
    • Olympics
  • Videos
  • Career & Education
  • Classifieds
  • All Woman
  • Environment
  • Webinars
  • More
    • Football
    • Elections
    • Letters
    • Advertorial
    • Columns
    • Editorial
    • Supplements
  • Epaper
  • Design Week
DPP discontinues cybercrime case against Nugent
Latest News, News
May 16, 2017

DPP discontinues cybercrime case against Nugent

KINGSTON, Jamaica – The Office of the Director of Public Prosecutions (ODPP) today said there is no evidence to be offered on all the charges that were laid against founder of the Tambourine Army Latoya Nugent.

In a media release this afternoon, the DPP who intervened and took over the conduct of the case, listed in the interest of transparency and accountability, the reasons for directing that no evidence be offered in the matter.

See the summary of the DPP’s conclusion below:1. “in making a decision as to whether or not a prosecution should continue Prosecutors are guided by the two stage test contained in A Decision to Prosecute: the Jamaican Protocol which can be found at www.dpp.gov.jm. The first test is the evidential stage which looks at whether or not there is sufficient evidentiary material on which there is a reasonable prospect of conviction. If this is satisfied the second test is the public interest stage which is whether or not a prosecution would be justified in the public interest. The evidential test must be satisfied before we can move on to the public interest test.2. There are three ingredients that must be proved by the material presented to an Investigator before a prosecution can be initiated under Section 9 of the Cybercrimes Act.They are:A. That a person used a computer to send to another person data.Send is not defined under any current legislation and as such arguably it may include the publishing/posting of material by a person to a social media site as was allegedly done in this matter by the posting of this material to Facebook.B. That the data sent is obscene or constitutes a threat or is menacing in nature. These terms are also not defined by the legislation.Material that is obscene is of a sexual nature or offends against society’s morality and tends to deprave or corrupt minds open to immoral influences and into whose hands these publications would fall. Material that is obscene will be indecent but indecent material may not qualify as being obscene as a much higher threshold is required in law to establish obscenity. Also, material will not be deemed obscene merely because it is offensive, untruthful and has the effect of or tends to damage one’s reputation.Threatening material is material that unconditionally intimates that harm/danger/punishment will befall a person and may be similar to a menace.Material that is menacing in nature is material that tends to threaten with harm or danger and may encompass material that constitutes a threat.C. AND, that the material which is either obscene or a threat or menacing in nature, or all three, or a combination of the three, was sent with the intention to harass any person or cause harm or the apprehension of harm, to any person or property.Intention may be proved by direct evidence such as statements of the suspect showing their intention or it may be inferred from all the circumstances.These three elements referred to above must all exist in order for a section 9 offence to be created.3. In the instant case, our examination of the evidentiary material presented revealed the post in question did not reach the criminal threshold of being deemed obscene nor was it threatening or menacing in nature. Though the post may be deemed indecent or offensive and has the potential to cause significant damage to reputation, this is not the legal requirement to bring it under section 9 of the Cybercrimes Act. 

{"website":"website"}{"jamaica-observer":"Jamaica Observer"}
0 Comments · Make a comment

ALSO ON JAMAICA OBSERVER

‘I am good’
Entertainment, Latest News
‘I am good’
Danchehall artiste Valiant reassures fans after car crash
October 21, 2026
KINGSTON, Jamaica — Dancehall artiste Valiant, whose given name is Raheem Bowes, says he is doing well after being injured in a car crash. Bowes share...
{"jamaica-observer":"Jamaica Observer"}
Scream Halloween Festival brings the fright to Ribbiz with ‘Obsession’ movie night
Entertainment, Latest News
Scream Halloween Festival brings the fright to Ribbiz with ‘Obsession’ movie night
October 21, 2026
KINGSTON, Jamaica – The countdown to Scream Halloween 5 Festival is heating up with a special movie night featuring Obsession on Thursday, October 22,...
{"jamaica-observer":"Jamaica Observer"}
Morgan urges patience amid rehabilitation of Seaview Drive corridor in Lucea
Latest News, News
Morgan urges patience amid rehabilitation of Seaview Drive corridor in Lucea
October 21, 2026
HANOVER, Jamaica — Noting that a permanent fix has been identified for the long-standing road issues along the heavily trafficked Seaview Drive corrid...
{"jamaica-observer":"Jamaica Observer"}
KSAMC cracks down on street vending in Kingston
Latest News, News
KSAMC cracks down on street vending in Kingston
October 21, 2026
KINGSTON, Jamaica — The Kingston and St Andrew Municipal Corporation (KSAMC) launched a major crackdown on street vending Wednesday to clear vendors f...
{"jamaica-observer":"Jamaica Observer"}
Guyana president wants death penalty review after child killing
International News, Latest News, Regional
Guyana president wants death penalty review after child killing
October 21, 2026
GEORGETOWN, Guyana (CMC) – Guyana’s President Irfaan Ali has called for a serious review of the death penalty as a possible response to heinous crimes...
{"jamaica-observer":"Jamaica Observer"}
Fashion, culture collide at The Blue Amethyst
Entertainment, Latest News
Fashion, culture collide at The Blue Amethyst
October 21, 2026
KINGSTON, Jamaica — A fusion of culture, fashion and creativity took centre stage on Tuesday as The Blue Amethyst officially opened its doors at 56-58...
{"jamaica-observer":"Jamaica Observer"}
JPS warns motorists to expect delays Thursday as roadwork set for Spanish Town Road
Latest News, News
JPS warns motorists to expect delays Thursday as roadwork set for Spanish Town Road
October 21, 2026
KINGSTON, Jamaica — Motorists are being warned to plan extra travel time and expect traffic delays on Thursday as the Jamaica Public Service carries o...
{"jamaica-observer":"Jamaica Observer"}
Flooding issues in MoBay should be addressed in drainage study —  Morgan
Latest News, News
Flooding issues in MoBay should be addressed in drainage study — Morgan
October 21, 2026
ST JAMES, Jamaica — Works Minister Robert Morgan is insisting that the drainage study that is part of the Montego Bay Perimeter Road Project should ad...
{"jamaica-observer":"Jamaica Observer"}
❮ ❯

Polls

HOUSE RULES

  1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper; email addresses will not be published.
  2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.
  3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.
  4. Please do not write in block capitals since this makes your comment hard to read.
  5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.
  6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.
  7. Lastly, read our Terms and Conditions and Privacy Policy

Recent Posts

Archives

Facebook
Twitter
Instagram
Tweets

Polls

Recent Posts

Archives

Logo Jamaica Observer
Breaking news from the premier Jamaican newspaper, the Jamaica Observer. Follow Jamaican news online for free and stay informed on what's happening in the Caribbean
Featured Tags
  • Editorial
  • Columns
  • Health
  • Auto
  • Business
  • Letters
  • Page2
  • Football
Categories
  • Business
  • Politics
  • Entertainment
  • Page2
  • Business
  • Politics
  • Entertainment
  • Page2
Ads
img
Jamaica Observer, © All Rights Reserved
  • Home
  • Contact Us
  • RSS Feeds
  • Feedback
  • Privacy Policy
  • Editorial Code of Conduct