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
      • 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
      • 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
    Riley teen stabbed to death in Kingstown
    Front Page
    Riley teen stabbed to death in Kingstown
    Webmaster 
    November 14, 2025
    JOSEAN SAMUEL, the cousin of a teenaged boy who was killed in Kingstown this week, says despite her family member being taken from her in such a viole...
    Kentreal Kydd, Paralympic swimmer continues to make waves
    Front Page
    Kentreal Kydd, Paralympic swimmer continues to make waves
    Webmaster 
    November 14, 2025
    BEING THE ONLY Paralympic swimmer at the 33rd Annual Organisation of the Eastern Caribbean States (OECS) Swimming Championships, 19-year-old Kentreal ...
    PM family in T&T housing bacchanal
    Front Page
    PM family in T&T housing bacchanal
    Webmaster 
    November 14, 2025
    PRIME MINISTER, Dr. Ralph Gonsalves has responded to revelations out of Trinidad and Tobago regarding ownership by members of his family of upscale ho...
    PM pays tribute to Dr Providence
    Front Page
    PM pays tribute to Dr Providence
    Webmaster 
    November 14, 2025
    PRIME MINISTER Dr. Ralph Gonsalves has paid tribute to former medical director Dr. Timothy Providence, telling radio listeners on Wednesday, November ...
    32 to contest Nov. 27 polls
    Front Page
    32 to contest Nov. 27 polls
    Webmaster 
    November 14, 2025
    THIRTY-TWO CANDIDATES will contest the November 27, 2025 general elections. This follows their successful nominations on Monday, November 10, 2025 in ...
    Seniors receive free services at Health Fair in Spring Village
    Front Page
    Seniors receive free services at Health Fair in Spring Village
    Webmaster 
    November 14, 2025
    WITH AN URGE to give back to his community of Spring Village, CEO of Citi Auto Parts, Mc Ian Duncan partnered with Ozari’s Biomechanics Clinic to host...
    News
    Don’t waste your votes, PM tells voters of NDP in two constituencies
    News
    Don’t waste your votes, PM tells voters of NDP in two constituencies
    Webmaster 
    November 14, 2025
    PRIME MINISTER, Dr. Ralph Gonsavles, has told supporters of the New Democratic Party (NDP), in the constituencies of the Northern Grenadines, and East...
    RFHL records US$329 Million in end of year profits
    News
    RFHL records US$329 Million in end of year profits
    Webmaster 
    November 14, 2025
    REPUBLIC FINANCIAL Holdings Limited (RFHL), has announced that the Group achieved a profit attributable to equity holders of US$329 million for the ye...
    SVG seeking Visa Accommodation with the US
    News
    SVG seeking Visa Accommodation with the US
    Webmaster 
    November 14, 2025
    THE GOVERNMENT Of St Vincent and the Grenadines is seeking to have visa- free accommodation for short periods of time, in a similar arrangement that i...
    Vaccine mandate case headed to Privy Council
    News
    Vaccine mandate case headed to Privy Council
    Webmaster 
    November 14, 2025
    THE PRIVY COUNCIL, located at 2 Carlton Gardens, London, England, has been asked to look at the St Vincent and the Grenadines vaccine mandate case, wh...
    Visitor on drug charges fined and ordered removed
    From the Courts, News
    Visitor on drug charges fined and ordered removed
    Webmaster 
    November 14, 2025
    A CARRIACOU MAN, who came to St Vincent reportedly to see his girlfriend, was ordered to pay $2,500 immediately after he pleaded guilty to illegal dru...

    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