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
    Distinguished lawyer is new   G-G of SVG (+VIDEO)
    Front Page
    Distinguished lawyer is new G-G of SVG (+VIDEO)
    Webmaster 
    January 9, 2026
    Veteran lawyer, Stanley ‘Stalky’ John, who is St Vincent and the Grenadines’ seventh Governor- General, has honoured his predecessor, Dame Susan Douga...
    Vincentian educator crowned US Middle  School Principal of the Year
    Front Page
    Vincentian educator crowned US Middle School Principal of the Year
    Webmaster 
    January 9, 2026
    Vincentian educator Deborah Dennie, whose teaching career commenced at the Kingstown Methodist School, has been named the 2026 Middle School Principal...
    63-year-old woman wouldn’t sell her house in Kingstown for $1 million
    Front Page
    63-year-old woman wouldn’t sell her house in Kingstown for $1 million
    Webmaster 
    January 9, 2026
    by Jada Chambers In a season where money speaks loudly, Karen John believes there are some things that are worth remaining the same. The 63-year-old w...
    Ottley Hall duo charged with murder and attempted murder
    Front Page
    Ottley Hall duo charged with murder and attempted murder
    Webmaster 
    January 9, 2026
    An Ottley Hall man, who has been charged with kidnapping, robbery and illegal firearm possession, is now charged alongside a fellow villager with murd...
    Gun fire erupts again in Ottley Hall
    Front Page
    Gun fire erupts again in Ottley Hall
    Webmaster 
    January 9, 2026
    The Ottley Hall community is in the spotlight again as it relates to gun violence. On Sunday, January, 4 2026, at approximately 2:00 p.m. a man was wo...
    Body found in Park Hill is that of 69-year-old farmer
    Front Page
    Body found in Park Hill is that of 69-year-old farmer
    Webmaster 
    January 9, 2026
    A post mortem examination is to be carried out on the decomposing body of a man which was found in Park Hill on the evening of Wednesday, January, 7 2...
    News
    From the Courts, News
    Dauphine resident accused of theft
    Webmaster 
    January 9, 2026
    A 44-year-old woman of Dauphine has been accused of theft and will appear in court to answer the charge. The police said in a release that on January,...
    Former Assessor says galvanize sheets in Mayreau were not stolen
    News
    Former Assessor says galvanize sheets in Mayreau were not stolen
    Webmaster 
    January 9, 2026
    A video clip which been making the rounds on social media depicting a scene in which the police are seen removing building materials from the yard of ...
    Lotto pays our record PLAY-4 Jackpot
    News
    Lotto pays our record PLAY-4 Jackpot
    Webmaster 
    January 9, 2026
    For the first time in St Vincent and the Grenadines (SVG), a cheque for $EC 499,200 was handed over a winner in the PLAY-4 game run by the National Lo...
    CXC moving to digitize Examinations
    News
    CXC moving to digitize Examinations
    Webmaster 
    January 9, 2026
    The Caribbean Examinations Council, CXC, is keeping up with technology and is moving to have its examinations digitized. Affirmation of this came from...
    News
    Delta opens SVG to over 100 USA cities, airline official says
    Webmaster 
    January 9, 2026
    The recent addition of Delta Airlines to the list of carriers that service the Argyle International Airport (AIA), has opened up St Vincent and the Gr...

    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