Court of Appeal
Criminal Appeal No. 3 of 1988
15th March, 1988
SIR JAMES A. SMITH P.
KENNETH ST. L. HENRY J.A.
SIR JOSEPH A. LUCKHOO J.A.

Mr. S. W. Musa for the Appellant
Mr. F. Lumor for the Crown

Criminal Law - Bail - Pending appeal of conviction and sentence - Pursuant to section 35(1) of the Court of Appeal Act - Discretion not ordinarily exercised in favour of bail - Applicant need to show special or exceptional circumstances - What may constitute special or exceptional circumstances.

J U D G M E N T

The Applicant Eustaquia Torres was indicted in the Supreme Court jointly with one Ruperto Magaña on seven counts of fraudulent false accounting and two counts of theft contrary to sections 166(1)(a) and 152 of the Criminal Code. She was convicted on all counts on 22 February 1988 and sentenced to concurrent terms of imprisonment of which the maximum was 4 years.

She has entered an appeal against those convictions and seeks to be released on bail pending the determination of her appeal. She is 27 and a citizen of Belize.

The Court may if it seems fit admit an appellant to bail pending the determination of appeal under See. 35(1) of the Court of Appeal Act Ch. 73, but it is a jurisdiction which the Court exercises only in exceptional circumstances.

The circumstances urged as exceptional by her counsel Mr. Musa are that -

(1) the appeal is not likely to be heard at the next sitting of this Court as the record of proceedings of the trial are extensive and the documentary exhibits voluminous.

(2) the applicant is an asthmatic case suffering from hardship and ill health due to conditions in Belize prison.

(3) alleged misdirections in the summing up as likely to give rise to the "prospect of success in the appeal".

As to the first point. This appeal is scheduled to be heard at the next session of this Court, commencing on 23rd May 1988, just two months from the date of conviction. We expect the typing of the transcript of the proceedings at the trial to be ready by the end of April. The applicant was on bail until 22nd February 1988 and her sentence was ordered to commence from 15th September 1987. With full remission she would serve 32 months in prison, and although she has hitherto been a person of good character, these circumstances do not warrant a release on bail.

As to the second point; a medical certificate from a Dr. Francisco Pacheco dated 4th March 1988, exhibited to Mr. Musa's affidavit states the applicant "was under medical care years ago". This vague report says nothing about her present health and is of little evidential value.

As to the third point made by Mr. Musa based on his affidavit, we need to see the transcript of the evidence and summing up at the trial before it is possible to express any opinion thereon.

In the result none of the matters raised on behalf of the applicant indicate exceptional circumstances and bail is consequently befused.

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