The Caribbean Courtroom of Justice (CCJ) on Monday denied the particular go away utility of the applicant, who sought particular go away from this Courtroom to enchantment his conviction for the offence of Rape of a Baby.
The CCJ upheld the choice of the Courtroom of Attraction of Belize that affirmed the conviction by the Excessive Courtroom.
The sufferer, a toddler beneath the age of 16 years, was raped by the applicant at his corn mill. His enchantment was beforehand dismissed on the Courtroom of Attraction, and he subsequently utilized to the CCJ on the identical two grounds that he did on the decrease courtroom.
The primary is that the trial decide omitted an important discrepancy between the proof of the sufferer and the physician who examined her and secondly, that the weaknesses of the Crown’s case weren’t sufficiently analysed and put to the jury.
In coming to its resolution in relation to the primary floor, the Courtroom examined the sufficiency of the decide’s instructions and located that there was no discrepancy between the medical professional’s testimony and the decide’s instructions.
Because it pertained to the second floor, the Courtroom additionally discovered that the trial decide’s summation was honest and balanced to each the prosecution and the accused, on condition that the jury was made conscious of the inconsistencies and weaknesses introduced by either side. There was no foundation for contemplating that the Courtroom of Attraction erred in dismissing this floor.
For an utility for particular go away to succeed, the applicant should present that there’s a practical chance {that a} (doubtlessly) critical miscarriage of justice could have occurred, and/or a degree of regulation of common public significance is raised (that’s genuinely disputable). The Courtroom was persuaded that neither of those two prospects was current on this case.