Judgment — canary

Al Handel Pearson v R

[2021] CICA (Crim) 22/23 · Crim App 0022/2020; Crim App 0023/2020 · 2021-09-10

Neutral Citation

[2021] CICA (Crim) 22/23

Cause Number

Crim App 0022/2020; Crim App 0023/2020

Court

CICA (Crim)

Judge

Goldring P, Morrison JA, Moses JA

Parties

Al Handel Pearson v R

Judgment Date

2021-09-10

Subject

Handling stolen goods; Guilty plea validity; Misapprehension of indictment contents

Filename (current)

21-09-10_al_handel_pearson_v_r.pdf

File MD5

e95b33b6f70ca72f5a6f6e95e80b3356

Source pipeline

pdb

PDB record ID

185

PDB URL

https://judicial.ky/n0c-storage/judgments-repository/21-09-10_al_handel_pearson_v_r.pdf

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In the Court of Appeal of the Cayman Islands — Criminal Division

[2021] CICA (Crim) 22/23

Cause No. Crim App 0022/2020; Crim App 0023/2020

Between

Al Handel Pearson

- v -

Before
Goldring P, Morrison JA, Moses JA

Judgment delivered 2021-09-10

Criminal Appeal 22 and 23 of 2020 Al Handel Pearson – Judgment

IN THE CAYMAN ISLANDS COURT OF APPEAL
CRIMINAL APPEALS 22/2020 and 23/2020
IND 47/2020 and 48/2020
SC#01075/2020 & BC#0046/2019
BETWEEN:

AL HANDLE PEARSON
Appellant
- and –
Her Majesty the Queen
Respondent
BEFORE:
The Rt. Hon Sir John Goldring, President
The Hon Dennis C Morrison, Justice of Appeal
The Rt. Hon Sir Alan Moses, Justice of Appeal
Date of Hearing:
10 September 2021
Appearances:
Appellant in person
Ms Nicole Petit, Office of the DPP for the Respondent
JUDGMENT
Revised from transcript of oral judgment 10 September 2021 and Approved
Released 14 December 2021

Moses, J.A.
1.
This is a renewed application for an appeal. The applicant had not previously appealed
against conviction. He had appealed against sentence but has withdrawn that. The
application is made in consequence of his pleading guilty and being sentenced to two years
for handling stolen goods.

Criminal Appeal 22 and 23 of 2020 Al Handel Pearson – Judgment

2.
The point he seeks to make now is that the indictment under count 1 itemises a number of
allegedly stolen goods that were, in fact, either his or not mentioned; and although he
pleaded guilty and wrote a basis of plea, that was on the misapprehension as to what he
was being accused of, and the best example of that is that even though he was arraigned
for a number of items under an amended indictment, no reference was made to a measuring
tape, which appears to have been included in a typed version of the amended indictment.
3.
This court has to be very careful about allowing time to be taken up in applications when
other cases might otherwise be heard if there is no basis for the application to be made.
We are quite satisfied that there is no basis for renewing this application for leave to make
this late application for leave to appeal against conviction. He pleaded guilty. He has not
shown anything that would justify going back on that plea. In those circumstances, the
application will be refused.

Al Handel Pearson v R

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