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    Home » Digests of Decisions » Status Hearing – 6th October 2020

    THE EASTERN CARIBBEAN SUPREME COURT

    COURT OF APPEAL

    STATUS HEARING

    GRENADA

    6th October 2020

    Case Name: 

    Donna Marcelle Lusan

    v

    The Public Service Commission

    [GDAHCVAP2019/0010]

       
    Date: Tuesday, 6th October 2020
       
       
    Coram: 
    Mrs. Michelle John-Theobalds, Chief Registrar
       
     Appellant:Mr. Benjamin Hood
       
     Respondent:Ms. Maurissa Johnson
       
       
    Issues: Status of the matter
       
       
    Type of order: Directions
       
       
    Result / Order: IT IS HEREBY ORDERED THAT:

     

    1.

    The parties shall agree to the documents to be filed in
    the record of appeal on or before 9th
    October 2020.

    2.

    The appellant shall file and serve a supplemental
    record of appeal if necessary, on or before 16 th October 2020

    3.

    The appellant shall file and serve written submissions
    with authorities on or before 23rd October
    2020.

    4.

    The respondent shall file and serve supplemental
    written submissions if necessary, on or before 6 th November 2020.

    5.

    The appellant is at liberty to file and serve written
    submissions with authorities, in reply if necessary, on
    or before 20th November 2020.

    6.

    The hearing of the appeal is fixed for the next sitting
    of the Court of Appeal in the State of Grenada during
    the week commencing 12th April 2021.

     

     

       
       
    Reason: 
    The appellant filed written submissions on 18 th June 2019. However, having been granted
    leave to appeal on 29th July 2019, the
    submissions were not properly filed and resulted in a
    nullity. Directions were necessary in order to further
    the matter. The parties also required more time to
    rectify the record of appeal.

     

     

       
       
       
    Case Name: 

    National Water and Sewerage Authority

    v

    Giselle Ferguson-Sayer

    [GDAHCVAP2017/0006]

       
    Date: Tuesday, 6th October 2020
       
       
    Coram: 
    Mrs. Michelle John-Theobalds, Chief Registrar
       
     Appellant:Mr. Benjamin Hood


    Ms. Dennies Burris representative for the appellant

       
     Respondent:Ms. Sheriba Lewis

    Respondent present

     

       
       
    Issues: Status of the matter
       
       
    Type of order: Directions
       
       
    Result / Order: IT IS HEREBY ORDERED THAT:

     

    1.

    The parties shall agree to the documents to be filed in
    the Record of Appeal on or before 7th
    December 2020.

    2.

    The appellant shall file and serve the Record of Appeal
    along with written submissions and authorities on or
    before 7th January 2021.

    3.

    The respondent shall file and serve written submissions
    with authorities on or before 10th February
    2021.

    4.

    The appellant is at liberty to file and serve written
    submissions with authorities in reply if necessary, on
    or before 23rd February 2021.

    5.

    The hearing of the appeal is fixed for the next sitting
    of the Court of Appeal in Grenada during the week
    commencing 12th April 2021.

    6.

    The Registrar of the High Court shall serve a copy of
    this order on the respondent personally and shall
    provide proof of service thereafter.

       
       
    Reason: 
    The transcript of proceedings has been prepared. The
    parties required additional time to prepare and file
    written submissions and the record of appeal. The
    respondent also indicated that she required time to
    settle legal representation.
       
       
       
    Case Name: [1] Shankar Khushalani

    [2] Mina Khushalani

    (trading as Divine Apartments)

     

     

     

     

    v

    Lindsay Mason

    [GDAHCVAP2016/0017]

       
    Date: Tuesday, 6th October 2020
       
       
    Coram: 
    Mrs. Michelle John-Theobalds, Chief Registrar
       
     Appellants:Ms. Hazel Hopkin
       
     Respondent:Mr. Ruggles Ferguson; Ciboney Chambers
       
       
    Issues: Status of the matter
       
       
    Type of order: Directions
       
       
    Result / Order: IT IS HEREBY ORDERED THAT:

     

    1.

    The parties shall agree to the documents to be filed in
    the Record of Appeal on or before 6th
    November 2020.

    2.

    The appellant shall file and serve the Record of Appeal
    on or before 7th December 2020

    3.

    The appellant shall file and serve written submissions
    with authorities on or before 7th January
    2021.

    4.

    The respondent shall file and serve written submissions
    with authorities on or before 10th February
    2021.

    5.

    The appellant is at liberty to file and serve written
    submissions with authorities, in reply if necessary, on
    or before 23rd February 2021.

    6.

    The hearing of the appeal is fixed for the next sitting
    of the Court of Appeal in Grenada during the week
    commencing 12th April 2021.

     

     

       
       
    Reason: 
    The transcript had been prepared since 2018. The
    parties required more time to settle the record of
    appeal. Counsel for the appellant also indicated that
    he wishes to take a certain course of action and that
    he had commenced discussion with counsel for the
    respondent. Counsel requested directions to be given
    subject to action being taken.
       
       
       
    Case Name: 

    Jude Lessey

    v

    The Queen

    [GDAHCRAP2016/0015]

       
    Date: Tuesday, 6th October 2020
       
       
    Coram: 
    Mrs. Michelle John-Theobalds, Chief Registrar
       
     Appellant:Mr. Ruggles Ferguson
       
     Respondent:
    Mr. Howard Pinnock on behalf on the Director of Public
    Prosecutions
       
       
    Issues: Status of the matter
       
       
    Type of order: Directions
       
       
    Result / Order: IT IS HEREBY ORDERED THAT:

     

    1.

    The appellant shall file and serve written submissions
    with authorities on or before 6th November
    2020.

    2.

    The respondent shall file and serve written submissions
    with authorities on or before 7th January
    2021.

    3.

    The appellant is at liberty to file and serve written
    submissions with authorities in reply if necessary, on
    or before 22nd January 2021.

    4.

    The hearing of the appeal is fixed for the next sitting
    of the Court of Appeal in Grenada during the week
    commencing 12th April 2021.

     

       
       
    Reason: 
    The record of appeal was served on the parties on 9 th September 2019; however, submissions have
    not been filed by the parties. Directions were given to
    further the matter.
       
       
       
    Case Name: 

    Arthur Braveboy

    v

    The Queen

    [GDAHCRAP2017/0003]

       
    Date: Tuesday, 6th October 2020
       
       
    Coram: 
    Mrs. Michelle John-Theobalds, Chief Registrar
       
     Appellant:No appearance; Mr. Jerry Edwin on record
       
     Respondent:
    Mr. Howard Pinnock on behalf of the Director of Public
    Prosecutions
       
       
    Issues: Status of the matter
       
       
       
    Type of order: Adjournment
       
    Result / Order: IT IS HEREBY ORDERED THAT:

     

    1.

    The matter is adjourned to the next status hearing of
    the Court scheduled for 31st March 2021 for
    the appellant to indicate whether he is interested in
    pursuing his appeal.

    2.

    The Registrar of the High Court shall serve a copy of
    this order on the respondent personally and shall
    provide proof of service thereafter.

       
       
    Reason: 
    The Court noted that the appellant was discharged from
    prison on 5th June 2020, therefore he may
    not have been served with the notice of hearing. The
    Court was also uncertain of whether the appellant is
    still interested in prosecuting this appeal.
       
       
       
    Case Name: 

    Ally Mills

    v

    The Queen

    [GDAHCRAP2016/0020]

       
    Date: Tuesday, 6th October 2020
       
       
    Coram: 
    Mrs. Michelle John-Theobalds, Chief Registrar
       
     Appellant:Mr. Jerry Edwin
       
     Respondent:
    Mr. Howard Pinnock on behalf of the Director of Public
    Prosecutions
       
       
    Issues: Status of the matter
       
       
    Type of order: Directions
       
       
    Result / Order: IT IS HEREBY ORDERED THAT:

     

     

    1.

    The appellant shall file and serve written submissions
    with authorities on or before 7th October
    2020.

    2.

    The respondent shall file and serve written submissions
    with authorities on or before 7th October
    2020.

    3.

    The hearing of the appeal is fixed before the Full
    Court at the next sitting of the Court of Appeal in
    Grenada during the week commencing 12th
    October 2021.

     

     

       
       
    Reason: 
    Counsel for the appellant indicated that there is an
    application by way of letter before the Mercy Committee
    and the Commissioner of Prisons for the appellant’s
    early release therefore, it is likely that the
    appellant may be released before the next sitting.

     


    The Court also noted that this appeal has been
    outstanding and there is very good belief that the
    appellant will be released by 13th April
    2021. The Crown therefore intends to consent to time
    served as being the appropriate sentence.

     


    The transcript has been filed and served since October
    2019. Both parties intend to file submissions by 7 th October 2020 in order to have the matter
    heard at the upcoming sitting of the Court.

       
       
       
    Case Name: 

    Edward Joseph

    v

    The Queen

    [GDAHCRAP2017/0023]

       
    Date: Tuesday, 6th October 2020
       
       
    Coram: 
    Mrs. Michelle John-Theobalds, Chief Registrar
       
     Appellant:No appearance; Mr. Lane Phillip on record

    Appellant present in person

     

       
     Respondent:
    Mr. Howard Pinnock on behalf of the Director of Public
    Prosecutions
       
       
    Issues: Status of the matter
       
       
    Type of order: Directions
       
       
    Result / Order: IT IS HEREBY ORDERED THAT:

     

    1.

    The Registrar of the High Court shall continue efforts
    to cause the transcript of proceedings to be prepared
    and served on the parties.

    2.

    The matter is removed from the Status Hearing list
    pending the availability of the transcript.

    3.

    The matter will be listed at the next Status Hearing of
    the Court on availability of the transcript or on a
    date to be fixed by the Chief Registrar.

    4.

    The Registrar of the High Court shall serve a copy of
    this order on the appellant personally and shall
    provide proof of service thereafter.

     

     

     

       
       
    Reason: 
    The transcript has not been prepared therefore the
    matter is not ready to proceed. The appellant indicated
    the intention to file an application by way of letter
    for legal aid and waiver of fees for obtaining a
    transcript.
       
       
       
    Case Name: 

    Roland Charles

    v

    The Queen

    [GDAHCRAP2018/0011]

       
    Date: Tuesday, 6th October 2020
       
       
    Coram: 
    Mrs. Michelle John-Theobalds, Chief Registrar
       
     Appellant:Ms. Herricia Willis
       
     Respondent:
    Mr. Howard Pinnock on behalf of the Director of Public
    Prosecutions
       
       
    Issues: Status of the matter
       
       
    Type of order: Directions
       
       
    Result / Order:  


    UPON THE COURT READING the notice of appeal or
    application for leave to appeal against conviction or
    sentence filed by the applicant in Criminal Form 1 on 6 th April 2018;

     


    AND UPON THE COURT NOTING THAT leave to appeal is
    required under section 40 of the West Indies States
    Supreme Court (Grenada) Act, Cap. 336, therefore this
    ought to be treated as an application for leave to
    appeal against conviction and sentence;

     

    IT IS HEREBY ORDERED THAT:

     


    The application for leave to appeal against conviction
    and sentence shall be listed for hearing at a Chamber
    Hearing of the Court on a date to be fixed by the Chief
    Registrar.

       
       
    Reason: 
    The Court noted leave to appeal was required pursuant
    to section 40 of the West Indies States Supreme Court
    (Grenada) Act, Cap. 336.
       
       
       
    Case Name: 

    Ken Charles

    v

    The Queen

    [GDAHCRAP2017/0020]

       
    Date: Tuesday, 6th October 2020
       
       
    Coram: 
    Mrs. Michelle John-Theobalds, Chief Registrar
       
     Appellant:Mr. Jerry Edwin

    Appellant present

       
     Respondent:
    Mr. Howard Pinnock on behalf of the Director of Public
    Prosecutions
       
       
    Issues: Status of the matter
       
       
    Type of order: Directions
       
       
    Result / Order:  


    UPON THE COURT READING the notice of appeal or
    application for leave to appeal against conviction or
    sentence filed by the applicant in Criminal Form 1 on 8 th November 2017;

     


    AND UPON THE COURT NOTING that leave to appeal is
    required under section 40 of the West Indies States
    Supreme Court (Grenada) Act, Cap. 336, therefore this
    ought to be treated as an application for leave to
    appeal against conviction and sentence;

     

    IT IS HEREBY ORDERED THAT:

     


    The application for leave to appeal against conviction
    and sentence shall be listed for hearing at a Chamber
    Hearing of the Court on a date to be fixed by the Chief
    Registrar.

       
       
    Reason: 
    The Court noted that leave to appeal was required
    pursuant to section 40 of the West Indies States
    Supreme Court (Grenada) Act, Cap. 336.
       
       
       
    Case Name: 

    Finbar Derick Purcell

    v

    The Queen

    [GDAHCRAP2017/0026]

       
    Date: Tuesday, 6th October 2020
       
       
    Coram: 
    Mrs. Michelle John-Theobalds, Chief Registrar
       
     Appellant:In person
       
     Respondent:
    Mr. Howard Pinnock on behalf of the Director of Public
    Prosecutions
       
       
    Issues: Status of the matter
       
       
    Type of order: Directions
       
       
    Result / Order: IT IS HEREBY ORDERED THAT:

     

    1.

    The Registrar of the High Court shall continue efforts
    to cause the transcript of the proceedings to be
    prepared and served on the parties.

    2.

    The matter is removed from the Status Hearing list
    pending the availability of the transcript.

    3.

    The matter will be listed at the next Status Hearing of
    the Court on the availability of the transcript or on a
    date to be fixed by the Chief Registrar.

    4.

    The Registrar of the High Court shall serve a copy of
    the order on the appellant personally and shall provide
    proof of service thereafter.

       
       
    Reason: 
    The transcript of proceedings has not been prepared.
    The appellant also indicated an intention to obtain
    assistance from legal aid and requested that the
    transcript of proceedings be provided free of charge.
    The appellant was directed to write a letter to the
    Court making this request.

     

       
       
       
    Case Name: 

    Handel Stafford

    v

    The Queen

    [GDAHCRAP2017/0022]

       
    Date: Tuesday, 6th October 2020
       
       
    Coram: 
    Mrs. Michelle John-Theobalds, Chief Registrar
       
     Appellant:In person
       
     Respondent:
    Mr. Howard Pinnock on behalf of the Director of Public
    Prosecutions
       
       
    Issues: Status of the matter
       
       
    Type of order: Adjournment
       
       
    Result / Order: IT IS HEREBY ORDERED THAT:

     


    The matter is adjourned to the next Status Hearing of
    the Court scheduled for 31st March 2021 to
    allow the appellant to retain the services of a lawyer.

       
       
    Reason: 
    The notice of appeal has been filed and served on the
    respondent. The transcript of proceedings was prepared
    and served on the Director of Public Prosecutions
    however, the appellant requested more time to retain
    new counsel.
       
       
       
    Case Name: 

    Clint Thorne

    v

    The Queen

    [GDAHCRAP2017/0002]

       
    Date: Tuesday, 6th October 2020
       
       
    Coram: 
    Mrs. Michelle John-Theobalds, Chief Registrar
       
     Appellant:In person
       
     Respondent:
    Mr. Howard Pinnock on behalf of the Director of Public
    Prosecutions
       
       
    Issues: Status of the matter
       
       
    Type of order: Directions
       
       
    Result / Order:  


    UPON THE COURT READING the notice of appeal or
    application for leave to appeal against conviction or
    sentence filed by the applicant in Criminal Form 1 on
    14th February 2017;

     


    AND UPON THE COURT NOTING that leave to appeal is
    required under section 40 of the West Indies States
    Supreme Court (Grenada) Act, Cap. 336, therefore this
    ought to be treated as an application for leave to
    appeal against conviction and sentence;

     

    IT IS HEREBY ORDERED AND DIRECTED THAT:

     


    1. The application for leave to appeal against
    conviction and sentence shall be listed at a Chamber
    Hearing of the Court on a date to be fixed by the Chief
    Registrar.


    2. The Registrar of the High Court shall serve a copy
    of this order on the appellant personally and shall
    provide proof of service thereafter.

     

       
       
    Reason: 
    The Court noted that leave to appeal is required
    pursuant to section 40 of the West Indies States
    Supreme Court (Grenada) Act, Cap. 336.

     

     

       
       
       
    Case Name: 

    Dave Benjamin

    v

    The Queen

    [GDAHCRAP2018/0002]

       
    Date: Tuesday, 6th October 2020
       
       
    Coram: 
    Mrs. Michelle John-Theobalds, Chief Registrar
       
     Appellant:
    Ms. Rae Thomas holding papers for Mr. Andre Thomas

    Appellant present

       
     Respondent:
    Mr. Howard Pinnock on behalf of the Director of Public
    Prosecutions
       
       
    Issues: Status of the matter
       
       
    Type of order: Directions
       
       
    Result / Order: IT IS HEREBY ORDERED THAT:

     


    UPON THE COURT READING the notice of appeal or
    application for leave to appeal against conviction or
    sentence filed by the applicant in Criminal Form 1 on
    26th January 2018;

     


    UPON THE COURT NOTING that leave to appeal is required
    under section 40 of the West Indies States Supreme
    Court (Grenada) Act, Cap. 336, therefore this ought to
    be treated as an application for leave to appeal
    against sentence;

     

    IT IS HEREBY ORDERED AND DIRECTED THAT:

     


    The application for leave to appeal against sentence
    shall be listed for hearing at a Chamber Hearing of the
    Court on a date to be fixed by the Chief Registrar.

       
       
    Reason: 
    The Court noted that leave to appeal is required
    pursuant to section 40 of the West Indies States
    Supreme Court (Grenada) Act, Cap. 336. The parties
    indicated an intention to file submissions in support
    of the application for leave to appeal.
       
       
       
    Case Name: 

    Cardel Smart

    v

    The Queen

    [GDAHCRAP2018/0006]

       
    Date: Tuesday, 6th October 2020
       
       
    Coram: 
    Mrs. Michelle John-Theobalds, Chief Registrar
       
     Appellant:Mr. Anselm A. Clouden
       
     Respondent:
    Mr. Howard Pinnock on behalf of the Director of Public
    Prosecutions
       
       
    Issues: Status of the matter
       
       
    Type of order: Directions
       
       
    Result / Order: IT IS HEREBY ORDERED THAT:

     


    UPON THE COURT READING the notice of appeal or
    application for leave to appeal against conviction or
    sentence filed by the applicant in Criminal Form 1 on
    20th March 2018;

     


    UPON THE COURT NOTING that leave to appeal is required
    under section 40 of the West Indies States Supreme
    Court (Grenada) Act, Cap. 336, therefore this ought to
    be treated as an application for leave to appeal
    against conviction and sentence;

     

    IT IS HEREBY ORDERED AND DIRECTED THAT:

     


    The application for leave to appeal against conviction
    and sentence shall be listed for hearing at a Chamber
    Hearing of the Court on a date to be fixed by the Chief
    Registrar.

       
       
    Reason: 
    The Court noted that leave to appeal is required
    pursuant to section 40 of the West Indies States
    Supreme Court (Grenada) Act, Cap. 336. The parties
    intend to file submissions in support of the
    application for leave to appeal.

     


    Mr. Clouden intends to make an application for the
    appellant to appeal in forma pauperis. This would be
    done after the application for leave has been disposed
    of.

       
       
       
    Case Name: 

    Glenroy Barry

    v

    The Queen

    [GDAHCRAP2017/0019]

       
    Date: Tuesday, 6th October 2020
       
       
    Coram: 
    Mrs. Michelle John-Theobalds, Chief Registrar
       
     Appellant:In person
       
     Respondent:
    Mr. Howard Pinnock on behalf of the Director of Public
    Prosecutions
       
       
    Issues: Status of the matter
       
       
    Type of order: Directions
       
       
    Result / Order: IT IS HEREBY ORDERED THAT:

     


    UPON THE COURT READING the notice of appeal or
    application for leave to appeal against conviction or
    sentence filed by the applicant in Criminal Form 1 on 6 th November 2017;

     


    UPON the Court noting that leave to appeal is required
    under section 40 of the West Indies States Supreme
    Court (Grenada) Act, Cap. 336, therefore this ought to
    be treated as an application for leave to appeal
    against conviction and sentence;

     

    IT IS HEREBY ORDERED AND DIRECTED THAT:

     


    1. The application for leave to appeal against
    conviction and sentence shall be listed for hearing at
    a Chamber Hearing of the Court on a date to be fixed by
    the Chief Registrar.


    2. The Registrar of the High Court shall serve a copy
    of this order on the appellant personally and shall
    provide proof of service thereafter.

       
       
    Reason: 
    The Court noted that leave to appeal is required
    pursuant to section 40 of the West Indies States
    Supreme Court (Grenada) Act, Cap. 336.
       
       
       
    Case Name: 

    Albert Alexis

    v

    The Queen

    [GDAHCRAP2017/0018]

       
    Date: Tuesday, 6th October 2020
       
       
    Coram: 
    Mrs. Michelle John-Theobalds, Chief Registrar
       
     Appellant:Mr. Jerry Edwin

    In person

       
     Respondent:
    Mr. Howard Pinnock on behalf of the Director of Public
    Prosecutions
       
       
    Issues: Status of the matter
       
       
    Type of order: Directions
       
       
    Result / Order: IT IS HEREBY ORDERED THAT:

     


    UPON THE COURT READING the notice of appeal or
    application for leave to appeal against conviction or
    sentence filed by the applicant in Criminal Form 1 on 2 nd November 2017;

     


    UPON THE COURT NOTING that leave to appeal is required
    under section 40 of the West Indies States Supreme
    Court (Grenada) Act, Cap. 336, therefore this ought to
    be treated as an application for leave to appeal
    against conviction and sentence;

     

    IT IS HEREBY ORDERED AND DIRECTED THAT:

     


    The application for leave to appeal against conviction
    and sentence shall be listed for hearing at a Chamber
    Hearing of the Court on a date to be fixed by the Chief
    Registrar.

       
       
    Reason: 
    The Court noted that leave to appeal is required
    pursuant to section 40 of the West Indies States
    Supreme Court (Grenada) Act, Cap. 336.
       
       
       
    Case Name: 

    Isa Charles

    v

    The Queen

    [GDAHCRAP2019/0005]

       
    Date: Tuesday, 6th October 2020
       
       
    Coram: 
    Mrs. Michelle John-Theobalds, Chief Registrar
       
     Appellant:Mr. Anselm A. Clouden
       
     Respondent:
    Mr. Howard Pinnock on behalf of the Director of Public
    Prosecutions
       
       
    Issues: Status of the matter
       
       
    Type of order: Directions
       
       
    Result / Order: IT IS HEREBY ORDERED THAT:

     

    1.

    The appellant shall file and serve written submissions
    with authorities on or before 7th December
    2020.

    2.

    The respondent shall file and serve written submissions
    with authorities on or before 7th January
    2021.

    3.

    The appellant is at liberty to file and serve written
    submissions with authorities, in reply if necessary, on
    or before 22nd January 2021.

    4.

    The hearing of the appeal is fixed for the next sitting
    of the Court of Appeal in Grenada during the week
    commencing 12th April 2021

       
       
    Reason: 
    The transcript of proceedings has been prepared.
    Directions were necessary to further the matter.
       
       
       
    Case Name: 

    Kevin Morris

    v

    The Queen

    [GDAHCRAP2016/0023]

       
    Date: Tuesday, 6th October 2020
       
       
    Coram: 
    Mrs. Michelle John-Theobalds, Chief Registrar
       
     Appellant:Mr. Benjamin Hood

    Appellant present

       
     Respondent:
    Mr. Howard Pinnock on behalf of the Director of Public
    Prosecutions
       
       
    Issues: Status of the matter
       
       
    Type of order: N/A
       
       
    Result and Reason: 
    The Court noted that leave to appeal against sentence
    was granted on 20th February 2018. The
    notice of appeal was to be filed within 14 days of the
    said date; however, this was not done. Therefore, there
    is no appeal before the Court. Accordingly, no order
    was made.

     

       
       
       
       
    Case Name: 

    Lennard Benjamin

    v

    The Queen

    [GDAHCRAP2016/0028]

       
    Date: Tuesday, 6th October 2020
       
       
    Coram: 
    Mrs. Michelle John-Theobalds, Chief Registrar
       
     Appellant:Mr. Jerry Edwin

    Appellant present

       
     Respondent:
    Mr. Howard Pinnock on behalf of the Director of Public
    Prosecutions
       
       
    Issues: Status of the matter
       
       
    Type of order: Adjournment
       
       
    Result / Order: IT IS HEREBY ORDERED THAT:

     


    Upon the court noting that there may be a duplication
    of the appeals filed in GDAHCRAP2016/0026 and
    GDAHCRAP2016/0028 the matter is adjourned to the next
    status hearing on the Court scheduled for 31 st March for counsel for the appellant to
    take the necessary steps to regularise the appeal.

       
       
    Reason: 
    The record of appeal has been prepared. Given that
    there is a duplication in the filing of the matter,
    counsel for the appellant intends to withdraw the
    appeal.
       
       
       
    Case Name: 

    Gerald Hagley

    v

    The Queen

    [GDAHCRAP2016/0010]

       
    Date: Tuesday, 6th October 2020
       
       
    Coram: 
    Mrs. Michelle John-Theobalds, Chief Registrar
       
     Appellant:Mr. Anselm A. Clouden
       
     Respondent:
    Mr. Howard Pinnock on behalf of the Director of Public
    Prosecutions
       
       
    Issues: Status of the matter
       
       
    Type of order: Oral Decision
       
       
    Result / Order: IT IS HEREBY ORDERED THAT:

     


    Upon the indication from counsel for the appellant that
    the appellant no longer wishes to pursue this appeal,
    the matter is hereby withdrawn and discontinued.

       
       
    Reason: 
    Counsel indicated that the appellant no longer wishes
    to pursue the appeal.
       
       
       
    Case Name: 

    Raymond Beggs

    v

    The Queen

    [GDAHCRAP2017/0014]

       
    Date: Tuesday, 6th October 2020
       
       
    Coram: 
    Mrs. Michelle John-Theobalds, Chief Registrar
       
     Appellant:
    No appearance, Mr. George G. W Prime on record

     

       
     Respondent:
    Mr. Howard Pinnock on behalf of the Director of Public
    Prosecutions
       
       
    Issues: Status of the matter
       
       
    Type of order: Directions
       
       
    Result / Order: 
    UPON THE COURT READING the notice of appeal or
    application for leave to appeal against conviction or
    sentence filed by the applicant in Criminal Form 1 on
    16th August 2017;

     


    UPON THE COURT NOTING that leave to appeal is required
    under section 40 of the West Indies Associated States
    Supreme Court (Grenada) Act, Cap. 336, therefore this
    ought to be treated as an application for leave to
    appeal against sentence;

     

    IT IS HEREBY ORDERED AND DIRECTED THAT:

     

    1.

    The application for leave to appeal against sentence
    shall be listed for hearing at a Chamber Hearing of the
    Court on a date to be fixed by the Chief Registrar, at
    which time the applicant shall indicate whether he is
    still interested in pursuing the application for leave
    to appeal.

    2.

    The Registrar of the High Court shall serve a copy of
    this order on the applicant personally and shall
    provide proof of service thereafter.

     

       
       
    Reason: 
    The appellant was granted bail on 18th
    October 2018 and his sentence has since been served.
    The Court noted however that it appears that the
    application for leave to appeal had not been dealt with
    yet.

     

       
       
       
    Case Name: 

    Dixon Lewis

    v

    The Commissioner of Police

    [GDAMCRAP2014/0010]

       
    Date: Tuesday, 6th October 2020
       
       
    Coram: 
    Mrs. Michelle John-Theobalds, Chief Registrar
       
     Appellant:In person
       
     Respondent:
    Mr. Howard Pinnock on behalf of the Director of Public
    Prosecutions
       
       
    Issues: Status of the matter
       
       
    Type of order: Directions
       
       
    Result / Order: IT IS HEREBY ORDERED THAT:

     

    1.

    Counsel for respondent shall file and serve written
    submissions in this matter indicating the Crown’s
    intention to concede the appeal on or before 8 th October 2020.

    2.

    the matter is fixed for hearing by the Full Court at
    the Court of Appeal sitting in Grenada during the week
    commencing 12th October 2021.

     

       
       
    Reason: 
    The record of appeal has not been prepared. The
    Magistrate before whom the matter was heard is now
    deceased, therefore counsel for the respondent
    indicated an intention to concede the appeal and
    intends to give a written indication of this on or
    before Thursday 8th October 2020
       
       
       
    Case Name: 

    Tamara Brown

    v

    The Commissioner of Police

    [GDAMCRAP2016/0005]

       
    Date: Tuesday, 6th October 2020
       
       
    Coram: 
    Mrs. Michelle John-Theobalds, Chief Registrar
       
     Appellant:Mr. Ruggles Ferguson
       
     Respondent:
    Mr. Howard Pinnock on behalf of the Director of Public
    Prosecutions
       
       
    Issues: Status of the matter
       
       
    Type of order: Directions
       
       
    Result / Order: IT IS HEREBY ORDERED THAT:

     


    The hearing of the appeal is listed before the Full
    Court at the next sitting of the Court of Appeal in
    Grenada during the week commencing 12th
    October 2020.

       
       
    Reason: 
    The court noted that the magistrate whose decision is
    being appealed, is no longer a sitting Magistrate and
    therefore it would pose a challenge for the notes of
    evidence to be prepared. Counsel for the respondent
    intends to concede to the appeal and therefore wished
    to have the matter heard at the upcoming appeal.
       
       
       
    Case Name: 

    The Commissioner of Police

    v

    Treverson Roberts

    [GDAMCRAP2019/0021]

       
    Date: Tuesday, 6th October 2020
       
       
    Coram: 
    Mrs. Michelle John-Theobalds, Chief Registrar
       
     Appellant:
    Mr. Howard Pinnock on behalf of the Director of Public
    Prosecutions
       
     Respondent:No appearance
       
       
    Issues: Status of the matter
       
       
    Type of order: N/A
       
       
       
       
    Result and Reason: 
    The respondent is out of state. The matter came up for
    Case Management on 21st September 2020 at
    which time an order was made adjourning the matter to
    the Status Hearing scheduled for 31st March
    2021. Accordingly, no further order was made at this
    time.
       
       
       
    Case Name: 

    Daniel Charles

    v

    The Commissioner of Police

    [GDAMCRAP2019/0015]

       
    Date: Tuesday, 6th October 2020
       
       
    Coram: 
    Mrs. Michelle John-Theobalds, Chief Registrar
       
     Appellant:Mr. Ruggles Ferguson
       
     Respondent:
    Mr. Howard Pinnock on behalf of the Director of Public
    Prosecutions
       
       
    Issues: Status of the matter
       
       
    Type of order: Oral Decision
       
       
    Result / Order: IT IS HEREBY ORDERED THAT:

     

     


    Upon the indication of counsel for the appellant that
    the matter be withdrawn and there being no objection by
    the respondent the matter is thereby withdrawn and
    discontinued.

       
       
    Reason: 
    Counsel for the appellant withdrew the appeal. There
    was no objection to the withdrawal of the appeal by the
    Crown.
       
       
       
    Case Name: 

    Hector Pierre

    v

    Kenny Lalsingh

    [GDAMCVAP2019/0002]

       
    Date: Tuesday, 6th October 2020
       
       
    Coram: 
    Mrs. Michelle John-Theobalds, Chief Registrar
       
     Appellant:Mr. Anselm A. Clouden
       
     Respondent:Ms. Hazel Hopkin
       
       
    Issues: Status of the matter
       
       
       
    Type of order: Directions
       
    Result / Order: IT IS HEREBY ORDERED THAT:

    1.

    The appellant shall file and serve written submissions
    with authorities on or before 6th November
    2020.

    2.

    The respondent shall file and serve written submissions
    with authorities on or before 7th December
    2021.

    3.

    The appellant is at liberty to file and serve written
    submissions with authorities in reply if necessary, on
    or before 22nd December 2021.

    4.

    The hearing of the appeal is fixed for the next sitting
    of the Court of Appeal in Grenada during the week
    commencing 12th April 2021.

     

       
       
    Reason: 
    The record has been prepared and the matter is ready to
    proceed. Submissions have not been filed.
       
       
       
    /status-hearing-6th-october-2020/
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