THE full court of the Supreme Court of Judicature yesterday allowed an appeal on sentence in respect of Teneisha Braithwaite, whom a magistrate had jailed for four years for allegedly having cocaine in her possession at the Cheddi Jagan International Airport, Timehri without taking into account the nine months she had been remanded awaiting trial. The Full Court was constituted by Acting Chief Justice Mr. Ian Chang, S.C., and Justice William Ramlall.
Represented by Attorney-at-Law Mark Waldron, the woman had appealed the case in relation to sentence, but she had already served her time by Tuesday, March 13, 2012.
The Full Court allowed the appeal, and reduced the sentence by seven months, thereby setting aside the imprisonment for five years.
In allowing the appeal, the Full Court took into account the ruling in relation to the matter of Romeo Da Costa Hall, which was cited by the Caribbean Court of Justice in a case where the remand period was not considered by the magistrate.
The Order which followed  the freedom of the woman, which was signed by Deputy Registrar Mohamed, read: “Upon reading the Notice of Appeal on the part of Teneisha Roslyn Braithwaite, the above named defendant/appellant, and the Grounds of Appeal dated 28th day of July 2010; and upon hearing attorneys-at-law for the defendant/appellant and for the respondent, it is ordered that this appeal be, and is hereby, allowed on sentence; and that the terms of imprisonment be reduced by seven months.
And it is further ordered that imprisonment of five years be, and is hereby, set aside; and that the appellant, Teneisha Roslyn Braithwaite, be immediately released from prison, since the said appellant would have already served the substituted term of imprisonment; and that there be no order as to costs.”