Mcintosh v The Commissioner of Police

• Jurisdiction: Bahamas
• Judge: Newman, J.A.
• Judgment Date: 11 November 2010
• Neutral Citation: BS 2010 CA 248
• Court: Court of Appeal (Bahamas)
• Date: 11 November 2010
• Docket Number: MCCrApp & CAIS No. 126 of 2010

Court of Appeal

Newman, J.A.

MCCrApp & CAIS No. 126 of 2010

McIntosh

and

The Commissioner of Police

Appearances:

Appellant appeared Pro Se.

Mr. Anthony Delaney, counsel for respondent.

Criminal Practice and Procedure - Extension of time for leave to appeal — delay — procedural irregularities — Sentence — jurisdiction of the magistrate — Extension of time granted.

Newman, J.A.

1 This is an application for permission to appeal against sentence, the time for making the application having expired. I am satisfied that this is a case in which the Court should grant an extension of time for leave to appeal.

2 Firstly it appears that the appellant endeavoured to appeal at an earlier date after a long delay and being provided with the relevant form, but that form went adrift. Secondly if what he says is correct, there are a number of irregularities which could have occurred below, one of them being, at least, that his sentence of ten years is unlawful having regard to the jurisdiction of the magistrate, which is limited to five years.

3 All those matters need to be investigated. It can only be properly investigated if a transcript of the hearing below is made available. The Court's order is that such a transcript should be produced; a copy should be given to the appellant. When the transcript is available, it can be looked at by this Court in order to determine whether or not his application for legal representation should be granted. That will depend on upon the content of the transcript.

Newman, J.A.