17th May 2012

COURT OF APPEAL SITTING MONTSERRAT Thursday, 17th May 2012 APPLICATIONS AND APPEALS Case Name: Nathan Galloway v The Queen [High Court Criminal Appeal No. 3 of 2011] Date: Thursday, 17th May 2012 Coram: The Hon. Sir Hugh A. Rawlins, Chief Justice The Hon. Mr. Don Mitchell, Justice of Appeal [Ag.] The Hon. Mr. Mario Michel, Justice of Appeal [Ag.] Appearances: Appellant: Mr. Hogarth E. Sergeant Respondent: Mr. Oris Sullivan Issue: Criminal appeal against conviction and sentence Result / Order: [Oral delivery]

1.Appeal against conviction and sentence is dismissed.

2.Sentence and conviction is affirmed. Reason: The Court was satisfied that the excess words in the count of wounding with intent “to do grievous bodily harm” were mere surplusage, and any prejudice inured to the benefit of the appellant. Further, the Court could not see the unfairness in the prosecution only tendering Ms. JnBaptiste for cross examination and not leading her evidence. There is nothing that compels the prosecution to do otherwise. Case Name: Warren Cassell v The Queen [High Court Criminal Appeal No. 1 of 2012] Date: Thursday, 17th May 2012 Coram: The Hon. Sir Hugh A. Rawlins, Chief Justice The Hon. Mr. Don Mitchell, Justice of Appeal [Ag.] The Hon. Mr. Mario Michel, Justice of Appeal [Ag.] Appearances: Appellant: Mr. Leon Chaku Symister Respondent: Mr. Oris Sullivan Issue: Application for bail pending appeal Result / Order: [Oral delivery] 1. Court Reporter is hereby ordered to prepare the transcript of trial for 10th and 13th of February 2012 as a matter of urgency and deliver it to the Registrar. 2. Registrar shall immediately upon receipt of the transcript notify counsel for the parties and also make a copy of the Indictment as may have been amended by the trial judge available to counsel for the parties.

3.Counsel for the appellant shall file and serve an agreed bundle containing the transcript for the relevant days and additionally the bail application, affidavits, submissions and a copy of the Indictment referred to in paragraph 2 of this Order as well as the transcript of today’s proceedings.

4.Upon filing of the Bundle, the Registrar shall immediately inform the Chief Registrar who shall set down the bail application for full hearing at the earliest convenience of the parties and the Court. Reason: The hearing of the application was suspended as the transcript of trial was not yet available before the Court.

COURT OF APPEAL SITTING MONTSERRAT Thursday, 17th May 2012 APPLICATIONS AND APPEALS Case Name: Nathan Galloway v The Queen [High Court Criminal Appeal No. 3 of 2011] Date: Thursday, 17th May 2012 Coram: The Hon. Sir Hugh A. Rawlins, Chief Justice The Hon. Mr. Don Mitchell, Justice of Appeal [Ag.] The Hon. Mr. Mario Michel, Justice of Appeal [Ag.] Appearances: Appellant: Mr. Hogarth E. Sergeant Respondent: Mr. Oris Sullivan Issue: Criminal appeal against conviction and sentence Result / Order: [Oral delivery]

1.Appeal against conviction and sentence is dismissed.

2.Sentence and conviction is affirmed. Reason: The Court was satisfied that the excess words in the count of wounding with intent “to do grievous bodily harm” were mere surplusage, and any prejudice inured to the benefit of the appellant. Further, the Court could not see the unfairness in the prosecution only tendering Ms. JnBaptiste for cross examination and not leading her evidence. There is nothing that compels the prosecution to do otherwise. Case Name: Warren Cassell v The Queen [High Court Criminal Appeal No. 1 of 2012] Date: Thursday, 17th May 2012 Coram: The Hon. Sir Hugh A. Rawlins, Chief Justice The Hon. Mr. Don Mitchell, Justice of Appeal [Ag.] The Hon. Mr. Mario Michel, Justice of Appeal [Ag.] Appearances: Appellant: Mr. Leon Chaku Symister Respondent: Mr. Oris Sullivan Issue: Application for bail pending appeal Result / Order: [Oral delivery]

3.Counsel for the appellant shall file and serve an agreed bundle containing the transcript for the relevant days and additionally the bail application, affidavits, submissions and a copy of the Indictment referred to in paragraph 2 of this Order as well as the transcript of today’s proceedings.

4.Upon filing of the Bundle, the Registrar shall immediately inform the Chief Registrar who shall set down the bail application for full hearing at the earliest convenience of the parties and the Court. Reason: The hearing of the application was suspended as the transcript of trial was not yet available before the Court.

1.Court Reporter is hereby ordered to prepare the transcript of trial for 10th and 13th of February 2012 as a matter of urgency and deliver it to the Registrar.

2.Registrar shall immediately upon receipt of the transcript notify counsel for the parties and also make a copy of the Indictment as may have been amended by the trial judge available to counsel for the parties.