Albert Alexander Whyley v R

JurisdictionBahamas
CourtCourt of Appeal
JudgeSir Michael Barnett
Judgment Date24 May 2022
Neutral CitationBS 2022 CA 076
Docket NumberSCCrApp & CAIS No. 184 of 2011
Albert Alexander Whyley
Applicant
and
Regina
Respondent
Before:

The Hon Sir Michael Barnett, President, Kt

The Hon Madam Justice Crane-Scott, JA

The Hon Mr Justice Jones, JA

SCCrApp & CAIS No. 184 of 2011

IN THE COURT OF APPEAL

Applicant appeared Pro Se

Ms Darnell Dorsette, Counsel for Respondent

1

The oral judgment of the court was delivered by

2

Sir Michael Barnett, P, Kt:

3

We have found no record of an appeal against conviction that the Applicant says he filed. The only record we have is the appeal that he filed in December of 2011, and that was an appeal against sentence and sentence only.

4

Mr. Shurland, who represented the Applicant at the trial and filed the criminal appeal form, only appealed sentence. When the matter came for hearing in June of 2012, Mr. Shurland appeared on the Applicant's behalf again, and he appealed only against sentence.

5

So, in those circumstances, we do not think the Applicant is now able to challenge the conviction, when the only thing that he has challenged before was the sentence, and that appeal was successful: instead of serving life, the Applicant got a determinate sentence of 30 years.

6

So there is no basis for us to reopen the appeal, and in the circumstances, the application to reopen an appeal is refused. The Applicant will continue to serve his sentence.

SIR MICHAEL BARNETT, P, Kt

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