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
    Caribbean Air Travel Disrupted Following US Military Strike on Venezuela
    Breaking News
    Caribbean Air Travel Disrupted Following US Military Strike on Venezuela
    Forrest 
    January 3, 2026
    A US military strike on Venezuela early Saturday morning, Saturday, January, 3 2026 has led to widespread flight disruptions between the US and severa...
    Venezuela accuses Washington of Cowardly Bombing Civilians and Urges International Community to Break Silence
    Breaking News
    Venezuela accuses Washington of Cowardly Bombing Civilians and Urges International Community to Break Silence
    Forrest 
    January 3, 2026
    In the wake of a military attack on Venezuela on Saturday, January 3, 2026,in which the Venezuela President, Nicolas Maduro and his wife were removed,...
    Education calls Vincentians to support Questelles Gov’t School post-fire
    News
    Education calls Vincentians to support Questelles Gov’t School post-fire
    Webmaster 
    January 2, 2026
    Minister of  Education, Vocational Training, Innovation and Digital Transformation Phillip Jackson is asking Vincentians to contribute to the Questell...
    Union Island students, teachers to leave temporary facility at Arnos Vale
    News
    Union Island students, teachers to leave temporary facility at Arnos Vale
    Jada 
    December 30, 2025
    Twenty-four students and eight teachers from Union Island will vacate their temporary school facility at Arnos Vale- the former SVG Teachers College c...
    Man dies after stabbing incident
    Breaking News
    Man dies after stabbing incident
    Webmaster 
    December 30, 2025
    Police are investigating the stabbing death of Villa resident Brandon Child Reports are that Child was involved in an argument with a family member at...
    Vincentian Sailor’s hurricane assistance earns him an MBE from The King
    News
    Vincentian Sailor’s hurricane assistance earns him an MBE from The King
    Forrest 
    December 29, 2025
    A sailor who used his naval expertise to help his native Caribbean island when hit by a one of the most powerful storms of recent years has been made ...
    News
    Education calls Vincentians to support Questelles Gov’t School post-fire
    News
    Education calls Vincentians to support Questelles Gov’t School post-fire
    Webmaster 
    January 2, 2026
    Minister of  Education, Vocational Training, Innovation and Digital Transformation Phillip Jackson is asking Vincentians to contribute to the Questell...
    Union Island students, teachers to leave temporary facility at Arnos Vale
    News
    Union Island students, teachers to leave temporary facility at Arnos Vale
    Jada 
    December 30, 2025
    Twenty-four students and eight teachers from Union Island will vacate their temporary school facility at Arnos Vale- the former SVG Teachers College c...
    Vincentian Sailor’s hurricane assistance earns him an MBE from The King
    News
    Vincentian Sailor’s hurricane assistance earns him an MBE from The King
    Forrest 
    December 29, 2025
    A sailor who used his naval expertise to help his native Caribbean island when hit by a one of the most powerful storms of recent years has been made ...
    NDP Administration to introduce CBI programme in 2026
    News
    NDP Administration to introduce CBI programme in 2026
    Webmaster 
    December 29, 2025
    Prime Minister, Dr. Godwin Friday, has made it clear that his New Democratic Party (NDP) administration will be introducing a Citizenship by Investmen...
    Nine Mornings 2025 winners announced
    News
    Nine Mornings 2025 winners announced
    Jada 
    December 29, 2025
    Corea’s City Store, Villa Top Hull’s Residence, Dillon Ferdinand, Moketo Stanley, Olivia DaSilva, Anthony Jardine, Larnette and Koby Gurley, Rose Hall...

    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