Shirvon Stubbs v R

• Jurisdiction: Bahamas
• Judge: Sir Michael Barnett
• Judgment Date: 21 March 2023
• Neutral Citation: BS 2023 CA 40
• Docket Number: SCCrApp & CAIS No. 73 of 2019
• Court: Court of Appeal (Bahamas)

(Application to Reopen Appeal; Remand Time)

Shirvon Stubbs

Applicant

and

Regina

Respondent

Before:

The Hon Sir Michael Barnett, President, Kt

The Hon Madam Justice Crane-Scott, JA

The Hon Mr Justice Evans, JA

SCCrApp & CAIS No. 73 of 2019

IN THE COURT OF APPEAL

Applicant appeared Pro Se

Ms Linda Evans, Counsel for Respondent

1 The oral judgment of the court was delivered by

2 Sir Michael Barnett, P, Kt:

3 The law says that once a matter is heard that it cannot be revisited. An applicant cannot go back and ask the court to reopen the matter unless there are exceptional circumstances.

4 In this particular case, technically, the applicant never really had an appeal because he was out of time. Further, even though the court considered the prospects of success on his application to extend time, the court considered the issue in relation to conviction and he did not raise the issue as to sentence then. Therefore, really there is nothing for us to do. There is no basis upon which we can now go and revisit the issue of sentence. First of all, if the applicant wanted us to do that, he should have said it the first time. Secondly, there is no appeal here. The applicant is out of time, just like he was out of time before.

5 In the circumstances, the application to reopen the appeal is dismissed.

Dated this 21st day of March, 2023

_______________________

SIR MICHAEL BARNETT, P, Kt