Richards Et All v the Queen

• Jurisdiction: Saint Kitts and Nevis
• Judge: Floissac, C.J.,Byron, J.,Joseph, J.
• Judgment Date: 24 March 1992
• Neutral Citation: KN 1992 CA 4
• Docket Number: Criminal Appeal Nos. 3 & 4 of 1992
• Court: Court of Appeal (Saint Kitts and Nevis)
• Date: 24 March 1992

Court of Appeal

Floissac, C.J., Byron, J., Joseph, J. (Ag.)

Criminal Appeal Nos. 3 & 4 of 1992

Richards Et All

and

The Queen

Appearances:

Mr. Lee L. Moore, Dr. Henry Browne with him for the appellants

Mr. Malcolm Holdip, DPP for the crown

Practice and Procedure - Appeal — Application for extension of time within which to appeal against conviction — Appellants convicted of murder — Both failed to appeal against conviction within stipulated period — Legislation states that Court of Appeal may extend time to appeal except in relation to convictions involving sentence of death — Applications dismissed — Eastern Caribbean States Supreme Court Act, (St. Christopher and Nevis) No. 17 of 1975, s. 47(1) and ((2).

JUDGMENT OF THE COURT:

1 On the 11 ^th April 1991 after a trial by a Jury presided over by Singh J., the appellant, Ronald Brown, was convicted of murder of Viola “Bessy” Claxton and was sentenced to death.

2 On the 22 ^nd May, 1991 after a trial by a Jury presided over by Singh J., the appellant, Bernard Richards, was convicted of the murder of Mervyn Walters and was also sentenced to death.

3 Both appellants failed to appeal against their convictions within 14 days thereof as required by Section 47 (1) of the Eastern Caribbean States Supreme Court Act, (St. Christopher and Nevis) No.17 of 1975. Both appellants now apply for an extension of time within which to appeal.

4 The hearing of both applications was consolidated by consent.

5 The jurisdiction of this Court is essentially...