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Judgment · jid 6705 · pdb #542

Norman Grant v R

Crim App 0006/1984 · 1984-06-25

Appeal against conviction; Appeal against sentence; Deference to Magistrate’s findings of fact; Sentencing standards in Cayman Islands

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In the Court of Appeal of the Cayman Islands — Criminal Division
Cause No. Crim App 0006/1984
Between
Norman Grant
- v -
R
Before
Kerr JA, Ross JA, Zacca JA
Judgment delivered 1984-06-25

IN THE APPEAL FOR THE CAYMAN ISLANDS
CRIMINAL APPEAL NO. 6/84

BEFORE:
- The Hon. Mr. Justice Zacca, President
- The Hon. Mr. Justice Kerr, J.A.
- The Hon. Mr. Justice Ross, J.A.

NORMAN GRANT V. REGINA

Appellate Information:
- Appeared in person: Mr. A. ZACCA, Jnr.
- Appeared for the Crown: Mr. Regar

Date:
25th June, 1984

Judgment:

Grant, we have considered your submissions both with regard to conviction and sentence. As I pointed out to faciدير, this Court is not trying this matter, the magisterial issues tried before the Magistrate, and on appeal the deal As fd the conviction were upheld by the Learned Chief Justiceiothin have looked at the evidence and we are unable to say with Appeal Magistrate came to any wrong conclusion based on the idea thatcc and based on her findings of fact as she saw the witnesses and came to certain findings which we are unable to disturb, so that we can do anything about the conviction.

As the sentence is concerned this Court has on many occasions pointed out that when we sit here as the Court of Appeal of the Cayman Islands, we have to take into consideration the prevalence of this offence here and the serious oneness which the Legislature of the Cayman Islands

-2-

This serious offence, and so when we sit here we have to consider the light of what happens in the Cay which depends and not in Jamaica. Having regard to the view which has been taken by the Legislature and which has been referred to by the judges in these Islands, we are unable to date with the sentence, therefore, the appeal against the conviction and sentence is dismissed, the conviction and sentence are affirmed. The sentence will commence on the conviction.

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