By LAMECH JOHNSON
Tribune Staff Reporter
A MAN convicted of accosting an elderly man at gunpoint was told by the Court of Appeal yesterday that he would have to convince the court that his appeal should be heard notwithstanding that it was filed late.
Jocelyn Similien, 28, appeared before Justices Dame Anita Allen, Stella Crane-Scott and Roy Jones for a hearing concerning his appeal against conviction for an armed robbery that occurred on May 26, 2012 at the residence of Reuben Sears.
The hearing could not proceed because the Crown respondent had an emergency and the matter was adjourned to October 25.
Similien, however, was told by appellate President Dame Anita that he would have to inform the court of the reasons for the two month delay in the filing of his appeal, the reasonable prospects of the success of his appeal and if there were any prejudice to the Crown in allowing the appeal to be heard.
The appellant said he understood and requested a copy of the transcripts from proceedings in the Supreme Court.
On the evening in question, at about 8.10pm, Mr Sears was taking trash to his garbage bin at the front of his home when he saw two men walking west along the northern side of the street.
Shortly afterwards, Mr Sears felt an object against his neck.
He turned and saw the two men that he had seen now in front of him.
The taller of the two said: “Give me your wallet.”
While the shorter assailant held the gun, the taller man put his hands in Mr Sears’ pocket and took out a wallet containing $95 and other items before both fled.
Four days later, Mr Sears attended an identification parade and Similien was picked out as the person who fit the description of the person who robbed him. Similien was sentenced to 10 years in jail that took effect from September 9, 2014, the date of conviction.
The penalty was subtracted by 10 months spent on remand.
Vernal Collie and Bradford McKenzie
appeared for the Crown in yesterday’s hearing.