During last year the Criminal Assizes of Demerara, Berbice, and Essequibo concluded 332 cases. Ninety-nine related to serious offences such as murder, manslaughter, and sexual crimes, were presented, processed, and concluded between October and December, according to a press release from the Office of the Director of Public Prosecutions (DPP).
In Demerara, 183 cases were listed to be heard and the proceedings were presided over by Justices Navindra Singh, Jo-Ann Barlow, Sandil Kissoon, Peter Hugh, Sherdel Isaacs-Marcus, and Damone Younge. Some 81 matters were disposed of, 45 presented before the High Court.
Of the 45 cases, the most serious included 21 for murder, 3 for manslaughter, 15 for attempted murder (with alternative counts of felony wounding and wounding with intent), and 5 for sexual offences. Additionally, 36 matters were nolle prosequi by the DPP, and therefore not pursued. In total, 52 accused were involved in the trials across the session.
According to the release, there were 8 convictions and 19 guilty pleas. Seven individuals were acquitted, and 11 others were found not guilty by juries. Three trials resulted in hung juries, and one indictment was quashed. Several individuals faced life imprisonment sentences, with parole eligibility after varying periods. Among those, there were several cases where the accused either pleaded guilty or were found guilty of lesser charges like manslaughter.
In Berbice, criminal trials were placed before Justice Zamila Ally-Seepaul, the release said. It added that State Counsel Cicelia Corbin prosecuted 7 cases, including 4 for the offence of murder, 1 for manslaughter, 1 for attempted murder, and 1 for the rape of a child under the age of 16.
The release also said that in Essequibo, State Counsel Latifa Elliot prosecuted 11 cases. These trials were presided over by Justices Younge and Hugh, it added and included 3 for murder, 7 for sexual offences, and 1 for manslaughter.
In the two murder trials before Justice Younge, both accused pleaded guilty to the lesser charge of manslaughter. One received an 18-year sentence, while the other was sentenced to 14 years imprisonment. In one of the 7 sexual offence matters, the accused was found guilty and sentenced to 12 years imprisonment.
The Essequibo Assizes are scheduled to continue until the February Criminal Assizes commence on Tuesday, February 18, 2025.
Meantime, of the 332 criminal cases processed in Guyana’s judicial system, the release said, 114 were nolle prosequi by DPP.
Of the 218 remaining cases, 134 were presented at the Demerara Assizes, 43 at the Berbice Assizes, and 41 at the Essequibo Assizes. There were 72 cases of murder, 18 cases of manslaughter, 79 sexual offences, 46 of attempted murder, 3 abductions, and 1 case of accessory after the fact of murder, the release said. The outcomes were diverse: 39 convictions, 81 formal verdicts of not guilty, 59 not guilty verdicts by jury, 64 guilty pleas, 6 hung juries, 1 quashed indictment and 2 aborted trials. A total of 149 accused underwent trials in the High Courts during the year.
Legal developments and DPP’s Office
In 2024, the release said, the DPP’s Office received 228 committal documents, with 137 from Demerara, 42 from Berbice, and 49 from Essequibo. Of these, 137 cases were indicted, 8 charges were discontinued due to insufficient evidence, 79 cases were still receiving attention, and 3 cases were remitted to magistrates’ courts for additional evidence. One case was discharged.
Additionally, the DPP’s Office said it provided legal advice on 3,905 files received from the Guyana Police Force.
The January 2025 Criminal Assizes in Demerara will commence on Tuesday, January 14, 2025, with 134 cases listed to be heard. The presiding judges will include Justices Singh, Barlow, Priya Sewnarine-Beharry, Ally-Seepaul, and Younge. Justice Hugh will continue to preside over cases in Essequibo and Justice Ally-Seepaul will do likewise in Berbice.
In 2024, the DPP said, the Court of Appeal handled 44 appeals, with the state being represented by a team of prosecutors, including DPP Shalimar Ali-Hack, SC, and several assistants.
The appeals covered a wide range of criminal offences, including murder (11 cases), sexual offences (12 cases), manslaughter (6 cases), causing death by dangerous driving (3 cases), trafficking in persons (2 cases), possession of narcotics for trafficking (2 cases), and others.
Among the 44 appeals, 14 applications were made for bail pending appeals. Seven of these applications were withdrawn, four were granted, and three were denied. Additionally, 3 applications for an extension of time to file notices of appeal were granted.
Seventeen appellants sought leave to appeal against their convictions and sentences. Sixteen applications were granted, while one remains pending. In five other cases, the appellants’ applications to appeal were allowed, with some modifications to sentences. In one case, a life sentence was upheld but eligibility for parole reduced from 35 to 20 years. In another, sentences were reduced from 55 and 62 years to 32 and 37 years, with eligibility for parole after 15 years.
However, five appellants were denied their applications against conviction and sentence.
In the Demerara Full Court, 10 matters were heard, including possession of narcotics for the purpose of trafficking, fraud, felonious wounding, and possession of firearms without a licence. Some of these cases resulted in convictions, while others saw sentences varied or appeals for bail granted or denied.
In Berbice, the Full Court addressed two applications for bail pending appeal in matters related to cybercrime and narcotics possession. One application was granted, while the other was denied, the release said.
Caribbean Court of Justice
The Caribbean Court of Justice (CCJ) heard a significant matter in April 2024 concerning the appeal of a man convicted of murder, the release noted. The appellant had initially been sentenced to 81 years imprisonment with parole eligibility after 45 years. However, the Guyana Court of Appeal reduced this sentence to 50 years with no specified parole eligibility. The appellant appealed further to the CCJ, which ruled in his favour, ordering a life sentence with no parole eligibility for 20 years. This ruling brought consistency to the penalty imposed on the appellant’s co-accused, who faced the same sentence.
The appellant and his co-accused were convicted for the 2011 murder of a 73-year-old woman, the release said. The CCJ’s decision set a notable precedent in the region’s criminal law landscape.
The official opening of one of the Demerara Criminal Assizes last year at the High Court in Georgetown. Among those in attendance were Justice Sandil Kissoon (who took the salute), Chief Justice (ag) Roxane George, Justice Navindra Singh, Justice Damone Younge, Justice Simone Morris-Ramlall, and Justice Gino Persaud. (Police photo)