CCJ upholds first criminal appeal by State

The first criminal appeal filed by the State of Guyana at the Caribbean Court of Justice (CCJ) was heard by the region’s highest court earlier this month and on Friday it overturned a majority-decision by the Guyana Court of Appeal.

The case related to the application of Section 8(2) of the Summary Jurisdiction (Appeals) Act which provides that upon receipt of the Magistrate’s Memorandum of Reasons for decision, the Clerk shall forthwith, and at latest within 21 days of the receipt thereof, prepare a copy of the proceedings including the reasons for the decision, and when the copy is ready he shall notify the appellant in writing and, on payment of the proper fees, deliver the copy to him.

According to a statement from the Chambers of the Director of Public Prosecutions (DPP), Sichan Harrychan, after being found guilty of demanding with menace on November 4th, 2010, had been sentenced to three years imprisonment but filed an appeal on 18th November, 2010. Harrychan was a