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
    Dr Ralph Gonsalves represents girl charged with attempted murder
    Front Page
    Dr Ralph Gonsalves represents girl charged with attempted murder
    Webmaster 
    April 14, 2026
    AFTER ALMOST A QUARTER of a century, former Prime Minister, Dr. Ralph Gonsalves has returned to the courtroom for a ‘very, very rare and special occas...
    Daylight bloodletting continued over weekend
    Front Page
    Daylight bloodletting continued over weekend
    Webmaster 
    April 14, 2026
    THREEVIOLENT DEATHS over the weekend took the homicide count in St Vincent and the Grenadines (SVG) to 13 for 2026, seven more than it was at this poi...
    Mas band leader loses $38,000 in materials, elderly man homeless after Paul’s Avenue fire
    Front Page
    Mas band leader loses $38,000 in materials, elderly man homeless after Paul’s Avenue fire
    Webmaster 
    April 14, 2026
    A FIRE that broke out in Paul’s Avenue at the start of the weekend has cost an elderly man his home, and crushed the spirits of a Mas Band Leader, who...
    SVG missed out on $US 1-billion in CBI money, says PMFriday
    Front Page
    SVG missed out on $US 1-billion in CBI money, says PMFriday
    Webmaster 
    April 14, 2026
    THE NEW DEMOCRATIC PARTY (NDP) administration has concluded that St Vincent and the Grenadines (SVG) missed out on at $US 1-billion over the last ten ...
    Prime Minister: Government could do better at communicating
    News
    Prime Minister: Government could do better at communicating
    Webmaster 
    April 14, 2026
    PRIME MINISTER Dr. Godwin Friday, has acknowledged that government can do better when communicating with the public, but also said he is more focused ...
    Union Island Man on four gun charges, remanded
    From the Courts, News
    Union Island Man on four gun charges, remanded
    Webmaster 
    April 14, 2026
    A UNION ISLAND MAN who is facing four gun related charges, including shooting another man in his left leg with a firearm, was remanded into custody. Z...
    News
    Prime Minister: Government could do better at communicating
    News
    Prime Minister: Government could do better at communicating
    Webmaster 
    April 14, 2026
    PRIME MINISTER Dr. Godwin Friday, has acknowledged that government can do better when communicating with the public, but also said he is more focused ...
    Union Island Man on four gun charges, remanded
    From the Courts, News
    Union Island Man on four gun charges, remanded
    Webmaster 
    April 14, 2026
    A UNION ISLAND MAN who is facing four gun related charges, including shooting another man in his left leg with a firearm, was remanded into custody. Z...
    Cadets’ connection with youth can be restored – Deputy Prime Minister
    News
    Cadets’ connection with youth can be restored – Deputy Prime Minister
    Webmaster 
    April 14, 2026
    THE St Vincent and the Grenadines Cadet Force (SVGCF), despite being able to play a significant role in shaping discipline, leadership and national se...
    Penniston man jailed for possession of illegal firearm and ammunition
    From the Courts, News
    Penniston man jailed for possession of illegal firearm and ammunition
    Webmaster 
    April 14, 2026
    A MAN who resides in Penniston was sentenced to 39 months in prison after pleading guilty to illegally possessing one glock pistol, and 11 rounds of a...
    PM Godwin Friday to head SVG Delegation to IMF–World Bank Spring meetings
    News
    PM Godwin Friday to head SVG Delegation to IMF–World Bank Spring meetings
    Webmaster 
    April 14, 2026
    PRIME MINISTER Dr. Godwin Friday will head a St Vincent and the Grenadines delegation to the April 12-18 Spring meetings of the International Monetary...

    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