Cherisse Sutton
Reporter - SKNVibes.com
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| Sylvester Francis |
(Basseterre; St. Kitts): The Court of Appeal for 2007 began on Tuesday, Feb. 12 at the Basseterre High Court. The President of the Court of Appeal and Acting Chief of Justice Brian Alleyne along with Justices of Appeal Hugh Rawlins and Dennis Barrow of the Eastern Caribbean Supreme Court heard the appeals of a number of cases.
In the case of Sylvester Francis who was convicted and sentenced to life for murder, he appealed his case and won and is to serve 25 years instead of his previous life sentence.
Shane Amory of Neverson Street, Newtown was convicted and sentenced to seven years in prison for the attempted murder of Eustace Charles which took place on May 23, 2003.
He appealed his case vs. The Director of Public Prosecution but his request was disallowed. Amory asked for the year and two months which he spent on remand to be taken off his seven year sentence.
"I am here to ask you to do something for me that I can't do for myself," said Amory in addressing the Court. He told the court he was sorry for what he had done, and said that he made a mistake and that he was in a gang in 2003. He said that he is no longer associated with such a gang and would like to get out of jail to say sorry to Charles and help his family with some of the money they already spent.
Charles who was paralyzed after the incident walks with a crutch.~~adz:Right~~
Justice Rawlins said in addressing Amory very briefly that he was sentenced to seven years and the victim was severely injured but with the grace of God he did not lose his life.
"We will not consider the time served but we will simply confirm the conviction in sentence," said Justice Rawlins firmly.
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| Omax Bye |
In the case of Omax Bye vs. The Queen, he was sentenced to five years for shooting with intent and 14 years for possession of a firearm with intent - he won his appeal. The incident took place on July 22, 2004 in Basseterre; it was said that he unlawfully and maliciously shot at Anthony Richards with intent to do him grievous bodily harm.
In carrying out his appeal, his lawyer Henry Brown said that the level of sentencing on his client was too harsh and he was asking His Lordship to reduce the sentence considerably.
Brown said that he was not his lawyer in the court below but sentencing was unfair and contrary to law having regard to the record of appeal handed to him on Saturday.
He further told the court that he was not being paid to perform this appeal but felt strongly that what was done to Bye was wrong. He said he didn't believe it was deliberate but offended the statute law.
He told the court that having been charged with shooting with intent to cause grievous bodily harm one cannot at the same time be charged with having in his possession a firearm with intent to endanger life even if he were charged with both offences as he was.
The second charge of having in his possession a firearm with intent to endanger life contended by Brown was subsumed in the charge of shooting with intent to do grievous bodily harm.
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| Shane Amory |
Brown further submitted that the prosecution did not elect at the arraignment of Bye as to which charge they would bring before the learned judge and fell into error when they did not direct the jury that Bye could not be convicted on both counts arising out of a single criminal act.
"The learned Judge having accepted the verdict of the jury was duty-bound as a matter of law not to sentence him twice in relation to the shooting with intent charge and at the same time convict him for possession of a firearm with intent to endanger life; it is pushing him twice for one act," said Browne.
The learned judges of the Court Of Appeal asked the DPP to respond to Brown's submission before all three judges went into Chambers and when they returned they agreed that Brown's submissions were correct in law.
As a result, the sentence of 14 years for being in possession of a firearm to endanger life was quashed.
"We have considered the submission raised by counsel; we would quash the sentence under the firearms act and leave the sentence against the person's act," said Justice Dennis Barrow.
However the sentence of five years was upheld and Bye has been in prison since March 2005.
