Caribbean Court of Justice 81d ago

This is an application for special leave from Barbados. The hearing of the application is to be treated as the hearing of the appeal. The Applicant, Mr Daniel, was convicted by a jury on 21 October 2019 for murder contrary to the Offences Against the Person Act, Cap 141 and sentenced to 21 years and 98 days’ imprisonment on 2 November 2020. The Court of Appeal affirmed his conviction and sentence. The Applicant is applying for special leave to appeal against the written decision of the Court of Appeal of Barbados dated 14 October 2025. He contends that his conviction is unsafe because the trial judge (i) misdirected the jury on the constitutional right to counsel by delegating to them the legal question of whether his constitutional right had been breached (ii) misdirected the jury on circumstantial evidence and (iii) that the cumulative effect of these errors, together with the Court of Appeal’s failure to correct them and its reliance on a confession he maintains was coerced, resulted in a miscarriage of justice.