Goldring P, Moses JA, Rix JA
THE CAYMAN ISLANDS COURT OF APPEAL CRIMINAL Jonathan Welcome -and- HER MAJESTY THE QUEEN L APPEAL 5/2017 IND. 57/2016 C#2568/2016 Appellant BEFORE: Date of Hearing: Appearances: Revised from t The Rt. Hon Sir John Goldring, President The Rt. Hon Sir Richard Field, Justice of Appeal Wednesday, 1st November 2017 Mr Gregory Burke of McGrath Tonner for Appellant Mr. Patrick Moran for DPP JUDGMENT transcript of oral judgment 1st November 2017 Released 18 December 2017 Respondent Application for an e Sir Goldring, President
On the 14th possessing a in the Grand sentenced h extension of time and leave to appeal against convi- ment: of December 2016, the applicant was convicted in imitation firearm with intent to resist arrest follow- Court. The trial judge, the Honourable Justice Dorm to six years' imprisonment. ted by a jury of ing a two-day trial obs, subsequently Page 1 of 3
2. His present that convict- has Legal A propose to d
The issue at of the morni- George Tow- Constable V application is for an extension of time and leave. The applicant himself has chosen not to attend. We have indicated to al with the appeal. trial was identification. The Crown's case was that on Saturday 17 April, the applicant with two oth- n. Two police officers were on patrol in a vehicle. Wolliston and Police Sergeant McKay, PC V to appeal against d. Mr. Burke, who ed to him that we in the early hours were also walking in They were Police Wolliston said he recognised the vehicle, it ha- were within a went towards described the PC Wolliston (said to be officers chas- drop it when nearby. He c attic of a house wrong. When he applicant when some 20 feet away from him. . . . giving stopped. He told the applicant he needed to two to three feet of each other, according to Sergeant he back of the vehicle. There was a short conve- en as being less than five feet apart. The street n's view was unobstructed. Sergeant McKay said he applicant) pull up his shirt, grip a handgun ed him. He was pointing what seemed to be a gun asked to. He also pointed it at a man and a escaped and was ultimately arrested on 22 April in George Town. When cautioned he said he interviewed he made no comment. He got out of the talk to him. They patient McKay. They station. They were fighting was good. he saw the man and run off. Both at them. He didn't woman who were 2016, hiding in an had done nothing
The agreed since 2010, incident in a minutes. At alone at the identification.
The applicant evidence at trial was that PC Wolliston had kn Their most recent meeting had been some five tension. On that occasion, they spoke face to face that the applicant said it was not him at the scene time. The issue, therefore, was the correctness or to be precise, recognition. settled his own grounds of appeal. They overlap own the applicant weeks before the one for some ten He was at home of PC Wolliston's and come to this: Page 2 of 3
i. F a o h ii. S 2 h iii. T There was have been ence would was some to recognise
None of the investigation viewing summary was never so to do so then
We have si recognition in a careful Tu seemingly bi the applicant of possessin use grounds can be sustained. There was no at trial. Some CCTV footage was seized and c maries to the defence. It showed two unknown alleged by the defence it should be enhanced. themselves. et out the identification evidence. In short, it in good light by someone who knew the applicant's ambull direction was given by the judge. Fabric PC Wollison, was never suggested at trial. No is serious convictions for two offences of robbery or an imitation firearm, would have been adduced. criticism of the disclosed with two persons running. It they never sought was a purported well. Furthermore, tion of evidence, ought had it been, also two offences
In the circu conviction. We mstances, there are no arguable grounds of appeal therefore refuse to extend time for leave to appel. The Rt. Hon Sir John Goldring The Hon Sir Richard Field, Ju The Rt. Hon Sir Alan Moses, f appeal against all. g, President Justice of Appeal Justice of Appeal Page 3 of 3