Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
November 17, 2006

Grounds for appeal

Nothing is wrong with a robust closing speech but…..

High Court trials deals with evidence put forth by witnesses (including the defendant if he gives evidence) while the Court of appeal deals with the errors which occur in the trial. The trial judge may deal with certain errors but if he does not they may be significant to give grounds for appeal and these may be significant enough to warrant a retrial or an allowance of the appeal, that is, the quashing of the conviction and or sentence.

The defence could put forth as many grounds for appeal as it may see fit. In the Patrick Lovelace case there were as many as nine grounds for appeal, two of which succeeded. The defence may withdraw the grounds even before they are considered by the judges. The objects of these grounds are to have the judges declare that the decision of the High court is unsafe or there was a miscarriage of justice.{{more}}

One of the grounds that came up for substantive discussion was the closing address of the prosecutor. As you know both the prosecutor and the defence lawyers after examination and cross examination of the witnesses would want to convince the jury of the soundness of the facts put forward. This is the last chance for them to do so and they often use their skills in court craft to convince the jury of the guilt (prosecutor) and innocence (defence) of the accused.

Cases on closing Address

When the appeal judges discuss the grounds put forward by the defence they would look at the precedents on the issue. In the discussion on the closing address of the prosecutor the court of Appeal judges looked at the cases of Mohamed v the State (1999) and Mantoor Ramdhanie v the State (2005). In the cases in point the judges decided that the prosecutor should not in their closing address “venture into the province of impropriety or unfairness by asserting his or her own personal belief on any aspect of the evidence and thereupon urge the jury to believe that evidence also. Further that a prosecutor should not use language that is vindictive or inflammatory against an accused and should not introduce inadmissible or irrelevant material that could color the consideration of the evidence by the jury.” Reference was also made to the case of Alexander Benedetto v the Queen (2003) where the Privy Council decided that a prosecutor could speak to the jury in a” language and style” that it could understand. The judges further asserted that there is nothing to prevent a prosecutor from delivering a robust closing speech. However, in the recent case of Lovelace v the Queen the appeal judges thought that there was a breach of the principles in the above cases.

Another ground for Appeal

In the case of Rupert Yearwood v the Queen, (St. Vincent, 2002) Counsel for the appellant raised the ground that the judge neglected to properly direct the jury on aspect of provocation that related to the burden of proof. On the issue of provocation it is the duty of the judge to tell the jury that it is the duty of the Crown to negative provocation beyond reasonable doubt. The Court of Appeal felt that the judge had err in that regard, but notwithstanding the defec they decided that there was no miscarriage of justice.

• Ada Johnson is a solicitor and barrister-at-law.

E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    Leaders should govern for the benefit of all – GG
    Front Page
    Leaders should govern for the benefit of all – GG
    Webmaster 
    February 10, 2026
    NEWLY APPOINTED Governor General, Stanley John (KC), has called on all members of Parliament to rise to the challenge of governing the people of St Vi...
    Man to spend 9 more years in jail for wounding his mate
    Front Page
    Man to spend 9 more years in jail for wounding his mate
    Webmaster 
    February 10, 2026
    A LOWMANS BAY MAN who threatened to kill a woman with whom he was in a months-long relationship, if she left him, will spend the next nine years in pr...
    Minister to look into complaints made by prisoners
    Front Page
    Minister to look into complaints made by prisoners
    Webmaster 
    February 10, 2026
    DURING A RECENT VISIT to His Majesty’s Prison (HMP) in Belle Isle, several complaints made by prisoners are worth looking into, while it was acknowled...
    Calm Yuhself Youth Man! Urge recording Artiste, Farmer
    Front Page
    Calm Yuhself Youth Man! Urge recording Artiste, Farmer
    Webmaster 
    February 10, 2026
    by Grace Francis Reggae recording artist, producer and farmer Patrick Junior, has released a powerful song aimed at encouraging young people to turn a...
    Security Minister holds emergency meeting in response to weekend murders
    Front Page
    Security Minister holds emergency meeting in response to weekend murders
    Webmaster 
    February 10, 2026
    THIS COUNTRY’S HOMICIDE count rose to five over the weekend with the deaths of Kevin “Masicka” Richards, 25, of Montaque, Marriaqua, and Lenford “Bean...
    Family searching for man with mental health problems
    News
    Family searching for man with mental health problems
    Webmaster 
    February 10, 2026
    FAMILY MEMBERS OF Lenford Matthews, a 42-year-old man from Biabou, is asking for the public’s help in locating a member of the family with mental illn...
    News
    Family searching for man with mental health problems
    News
    Family searching for man with mental health problems
    Webmaster 
    February 10, 2026
    FAMILY MEMBERS OF Lenford Matthews, a 42-year-old man from Biabou, is asking for the public’s help in locating a member of the family with mental illn...
    Judging underway in JU-C Primary Schools Performing Arts Festival
    News
    Judging underway in JU-C Primary Schools Performing Arts Festival
    Webmaster 
    February 10, 2026
    THE Ju-C Primary Schools Performing Arts Festival (PRISPAF) 2026 is currently underway following the official launch on Monday, February 2, 2026. The ...
    Tourism Minister Kishore Shallow asks for patience
    News
    Tourism Minister Kishore Shallow asks for patience
    Webmaster 
    February 10, 2026
    MINISTER OF TOURISM, Civil Aviation and Sustainable Development, and representative for the North Leeward Constituency, Dr. Kishore Shallow, is asking...
    Carr hailed for pioneering Georgetown Special Needs School
    News
    Carr hailed for pioneering Georgetown Special Needs School
    Webmaster 
    February 10, 2026
    THE CONTRIBUTION and impact of Candice Carr, a pioneer teacher at the School for Children with Special Needs in Georgetown, was highlighted with much ...
    Marine enthusiast gets children and teens involved
    News
    Marine enthusiast gets children and teens involved
    Webmaster 
    February 10, 2026
    by GRACE FRANCIS CASSIE-ANN LAIDLOW, the founder and owner of ‘Sightseeing With Cass’, is currently leading the ‘Sightseeing Blue Guardians’, a 10-wee...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok