Court of Appeal Digest – 18th April 2023

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING 18th April 2023 MATTERS DEALT WITH ON PAPER Before: The Hon. Mde. Vicki Ann Ellis, Justice of Appeal Case Name: Lennox Honore and

1.Hubert Alexander

2.Marcel Coipel [DOMMCVAP2019/0001] Commonwealth of Dominica Date: Tuesday, 18th April 2023 On paper: Applicant: Mr. Glenworth Ducreay of Casaropa Chambers Respondents: No appearance Issues: Application to be removed as solicitor on record Result / Order: IT IS HEREBY ORDERED THAT: 1. The Application is granted. 2. The applicant, Casaropa Chambers, will serve Fama Honore and the respondents with a copy of this order. Reason: The Court noted affidavit evidence from Mrs. Fama Honore, the wife of the deceased appellant, in which she averred that she did not have the means to continue litigation and indicated her consent to the removal of Mr. Glenworth Ducreay as counsel on record. Case Name: Jeremiah Gustave v The State [DOMHCRAP2023/0001] Commonwealth of Dominica Date: Tuesday, 18th April 2023 On paper: Applicant: Mr. Kondwani Williams Respondent: No appearance Issues: Application for leave to appeal against conviction and sentence – Application for extension of time Result / Order: IT IS HEREBY ORDERED THAT: 1. The Extension Application is granted. 2. The Leave Application is granted.

3.The notice of application filed on 12th January 2023 for leave to appeal is deemed to be the notice of appeal.

4.The parties shall comply with the practice and procedures prescribed by the Court of Appeal Rules as well as the relevant Practice Directions in advancing this appeal. Reason: The Court was of the view that the applicant should be granted an extension of time and that the applicant had met the threshold for grant of leave to appeal.

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING th April 2023 MATTERS DEALT WITH ON PAPER Before: The Hon. Mde. Vicki Ann Ellis, Justice of Appeal Case Name: Lennox Honore and

1.Hubert Alexander

2.Marcel Coipel [DOMMCVAP2019/0001] Commonwealth of Dominica Date: Tuesday, 18 th April 2023 On paper: Applicant: Mr. Glenworth Ducreay of Casaropa Chambers Respondents: No appearance Issues: Application to be removed as solicitor on record Result / Order: IT IS HEREBY ORDERED THAT:

3.The notice of application filed on 12 th January 2023 for leave to appeal is deemed to be the notice of appeal.

4.The parties shall comply with the practice and procedures prescribed by the Court of Appeal Rules as well as the relevant Practice Directions in advancing this appeal. Reason: The Court was of the view that the applicant should be granted an extension of time and that the applicant had met the threshold for grant of leave to appeal.

1.The Application is granted.

2.The applicant, Casaropa Chambers, will serve Fama Honore and the respondents with a copy of this order. Reason: The Court noted affidavit evidence from Mrs. Fama Honore, the wife of the deceased appellant, in which she averred that she did not have the means to continue litigation and indicated her consent to the removal of Mr. Glenworth Ducreay as counsel on record. Case Name: Jeremiah Gustave v The State [DOMHCRAP2023/0001] Commonwealth of Dominica Date: Tuesday, 18 th April 2023 On paper: Applicant: Mr. Kondwani Williams Respondent: No appearance Issues: Application for leave to appeal against conviction and sentence – Application for extension of time Result / Order: IT IS HEREBY ORDERED THAT:

1.The Extension Application is granted.

2.The Leave Application is granted.