Lesmond v The Queen

• Jurisdiction: St Lucia
• Judge: Lewis, C.J.
• Judgment Date: 02 June 1967
• Neutral Citation: LC 1967 CA 3
• Date: 02 June 1967
• Court: Court of Appeal (Saint Lucia)
• Docket Number: Criminal Appeal No. 1 of 1966

Court of Appeal

Lewis, C.J.; Gordon, J.A.; Lewis, J.A.

Criminal Appeal No. 1 of 1966

Lesmond

and

The Queen

Practice and procedure - Appeal — Petition for leave to appeal to Privy council against conviction of murder — whether requirements fulfilled — West Indies Associated States Supreme Court Order, 1967, ss.3 and 4 — Petition refused.

Lewis, C.J.

1 The judgment of the Court was delivered by:– The Chief Justice:

2 This is a petition for leave to appeal to Her Majesty, in Council against the decision of this court given on the 26th day of April 1967, refusing to the petitioner leave to appeal against his conviction for murder.

3 The court has enquired of learned counsel for the petitioner upon what this application is based and he has referred the court to sections 3 and 4 of the West Indies Associated States Supreme Court (appeals to Privy Council) Order, 1967 and to the Constitution of Saint Lucia. Section 3 of the Order reads as follows: “An appeal shall lie to Her Majesty in Council from decisions of the court given in any proceeding originating in a State in such cases as may be prescribed by or in pursuance of the Constitution of that State.”

4 Section 4 reads: “Applications to the court for leave to appeal shall be made by motion or petition within twenty-one days of the date of the decision to be appealed from and the applicant shall give all other parties concerned notice of his intended application.”

5 There is no question that the application was made in due time. It transpires that notice was given to the Crown at the earliest only on Saturday of last week and that was merely an oral notice. Written notice of the petition was only given yesterday. I have already said during the course of the argument that petitions of this nature and a applications which require to be notified to the other parties should be served promptly, as soon as the application has been lodged in this court.

6 The question whether an appeal lies to Her Majesty in Council depends on section 99 of the Constitution. That section deals with three types of appeals:

7 Subsection (1) deals with appeals which lie as of right from decisions of the Court of Appeal. It is not suggested that any appeal lies as of right in this case. Subsection (2) under which learned counsel has filed this application, reads as follows: “Subject to the provisions of section 34(7) of this Constitution, an appeal shall lie from...