Somwattie Persaud Applicant v The Queen Respondent

JurisdictionCaribbean States
CourtCaribbean Court of Justice
JudgeThe Honourable Justices Nelson, Wit, Hayton, The Honourable Mr Justice Nelson
Judgment Date29 Jul 2015
Neutral Citation[2015] CCJ 13 AJ
Docket NumberCCJ Application No BBCR2015/004

[2015] CCJ 13 (AJ)

IN THE CARIBBEAN COURT OF JUSTICE

Appellate Jurisdiction

ON APPEAL FROM THE COURT OF APPEAL OF BARBADOS

Before

The Honourables:-

Mr Justice Nelson

Mr Justice Wit

Mr Justice Hayton

CCJ Application No BBCR2015/004

BB Crim. Appeal No 2 of 2010

Between
Somwattie Persaud
Applicant
and
The Queen
Respondent
1

For the reasons given in the judgment of this Court inRambarran v The Queen1 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.

/s/ R. Nelson

The Hon Mr Justice R Nelson

/s/ J. Wit

The Hon Mr Justice J Wit

/s/ D. Hayton

The Hon Mr Justice D Hayton

1 CCJ Application No. BBCR2015/002

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