Green v The Queen

JurisdictionCaribbean States
JudgeNelson J.
Judgment Date29 July 2015
CourtCaribbean Court of Justice
Docket NumberCCJ Application BBCR 3 of 2015; BB Crim. Appeal 2 of 2009
Date29 July 2015

Caribbean Court of Justice

Nelson, J.CCJ; Wit, J.CCJ; Hayton, J.CCJ.

CCJ Application BBCR 3 of 2015; BB Crim. Appeal 2 of 2009

Green
and
The Queen
Appearances

Mr. Marlon M Gordon and Ms. Safiya Moore for the applicant

Mr. Charles Leacock, QC and Mr. Anthony L Blackman for the respondent

Criminal practice and procedure - Leave to appeal — Special leave to appeal — Whether the time for appealing pursuant to Section 19 (1) of the Drug Abuse (Prevention and Control) Act against a conviction began to run from the date of conviction or from the date of sentence — Whether on the facts of the case the Court of Appeal properly refused to enlarge the time for appealing against the conviction pursuant to Section 19 (2) of the Drug Abuse (Prevention and Control) Act — Special leave to the applicant to appeal as a poor person was granted.

Nelson J.
1

For the reasons given in the judgment of this Court in Rambarran v. The Queen [CCJ Application No. BBCR2015/002] the Court makes the order set out below.

ORDER

[2] Special leave is granted to the applicant to appeal against the orders of the Court of Appeal dated February 5, 2015 and March 13, 2015 limited to the following points:

  • (1) Whether the time for appealing pursuant to section 19(1) of the Act against a conviction begins to run from the date of conviction or from the date of sentence.

  • (2) Whether on the facts of this case the Court of Appeal properly refused to enlarge the time for appealing against conviction pursuant to section 19(2) of the Act in favour of an applicant who had filed a notice of appeal against conviction which had been dismissed by the court as being out of time.

[3] Special leave to the applicant to appeal as a poor person is hereby granted.

The Hon Mr. Justice R Nelson

The Hon Mr. Justice J Wit

The Hon Mr. Justice D Hayton

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