Chamber Hearing – 19th December 2023

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING 19th December 2023 MATTERS DEALT WITH ON PAPER Before: The Hon. Mr. Gerard St. C. Farara, Justice of Appeal Case Name: Allan Wilson v The King [SVGHCRAP2019/0004] Saint Vincent and the Grenadines Date: Tuesday, 19th December 2023 On paper: Applicant: In person Respondent: The Director of Public Prosecutions Issues: Application for bail pending appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for bail pending appeal filed on 25th August 2023 is refused.

2.The Registrar of the High Court shall serve a copy of this order on the applicant and the Director of Public Prosecutions and provide proof of service within 7 days of the date of this order. Reason: The Court reviewed the application for bail pending appeal and determined that the application had not disclosed any exceptional circumstances for the grant of bail pending the hearing and determination of the appeal in accordance with the authorities of R v Watton (1979) 68 Cr. App. R. 293 and Scantlebury v The State (1976) 27 WIR 103. Case Name: David Legair v The King [SVGHCRAP2021/0009] Saint Vincent and the Grenadines Date: Tuesday, 19th December 2023 On paper: Applicant: In person Respondent: The Director of Public Prosecutions Issues: Application for bail pending appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall furnish a copy of the minute of conviction and sentence and the notice of appeal of the applicant to this Court within 14 days of the date of this order. 2. The application for bail pending the hearing and determination of the appeal is adjourned for further consideration at the next Chamber Sitting of the Court scheduled for 30th January 2024.

3.The Registrar of the High Court shall serve a copy of this order on the applicant and the Director of Public Prosecutions and provide proof of service within 7 days of the date of this order. Reason: The Court noted that neither the applicant’s notice of appeal nor the minute of conviction and sentence referenced in the respondent’s submissions in response had not been filed with the Court. The Court therefore adjourned the matter for consideration at the next Chamber Hearing sitting to facilitate the filing of those documents. Case Name: Terrano Samuel v The King [SVGHCRAP2023/0021] Saint Vincent and the Grenadines Date: Tuesday, 19th December 2023 On paper: Applicant: In person Respondent: No appearance Issues: Application for leave to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for leave to appeal against sentence and conviction filed on 18th September 2023 is granted and the notice of application for leave to appeal is deemed to be the notice of appeal. 2. The Registrar of the High Court shall serve a copy of this order on the applicant and respondent within 7 days of the date of this order. 3. The appeal shall proceed in accordance with the Civil Procedure Rules Revised 2023. Reason: The Court, being cognisant of rule 62.2(8) of the Civil Procedure Rules (Revised) 2023, considered the application for leave to appeal against sentence and conviction filed by the applicant on 18th September 2023 and was satisfied that the applicant had met the threshold for the grant of leave to appeal against sentence.

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING 19 th December 2023 MATTERS DEALT WITH ON PAPER Before: The Hon. Mr. Gerard St. C. Farara, Justice of Appeal Case Name: Allan Wilson v The King [SVGHCRAP2019/0004] Saint Vincent and the Grenadines Date: Tuesday, 19 th December 2023 On paper: Applicant: In person Respondent: The Director of Public Prosecutions Issues: Application for bail pending appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for bail pending appeal filed on 25 th August 2023 is refused. The Registrar of the High Court shall serve a copy of this order on the applicant and the Director of Public Prosecutions and provide proof of service within 7 days of the date of this order. Reason: The Court reviewed the application for bail pending appeal and determined that the application had not disclosed any exceptional circumstances for the grant of bail pending the hearing and determination of the appeal in accordance with

The authorities of R v Watton (1979) 68 Cr. App. R. 293 and Scantlebury v The State (1976) 27 WIR 103. Case Name: David Legair v The King [SVGHCRAP2021/0009] Saint Vincent and the Grenadines Date: Tuesday, 19 th December 2023 On paper: Applicant: In person Respondent: The Director of Public Prosecutions Issues: application for bail pending appeal Result / Order: IT is HEREBY ORDERED THAT: The Registrar of the High Court shall furnish a copy of the minute of conviction and sentence and the notice of appeal of the applicant to this Court within 14 days of the date of this order. The application for bail pending the hearing and determination of the appeal is adjourned for further consideration at the next Chamber Sitting of the Court scheduled for 30 th January 2024. The Registrar of the High Court shall serve a copy of this order on the applicant and the Director of Public Prosecutions and provide proof of service

within 7 days of the date of this order. Reason: The Court noted that neither the applicant’s notice of appeal nor the minute of conviction and sentence referenced in the respondent’s submissions in response had not been filed with the Court. the Court therefore adjourned the matter for consideration at the next Chamber Hearing sitting to facilitate The filing of those documents. Case Name: Terrano Samuel v The King [SVGHCRAP2023/0021] Saint Vincent and the Grenadines Date: Tuesday, 19 th December 2023 On paper: Applicant: In person Respondent: No appearance Issues: Application for leave to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal against sentence and conviction filed on 18 th September 2023 is granted and the notice of application for leave to appeal is deemed to be the notice of appeal. the Registrar of the High Court shall serve a copy of this order. on the applicant and respondent

within 7 days of the date of this order. The appeal shall proceed in accordance with the Civil Procedure Rules Revised 2023. Reason: The Court, being cognisant of rule 62.2(8) of the Civil Procedure Rules (Revised) 2023, considered the application for leave to appeal against sentence and conviction filed by the applicant on 18 th September 2023 and was satisfied that the applicant had met the threshold for the grant of leave to appeal against sentence.