Anthony v The Queen

• Jurisdiction: Antigua and Barbuda
• Court: Court of Appeal (Antigua and Barbuda)
• Judge: Gordon C.J.
• Judgment Date: 22 June 1970
• Neutral Citation: AG 1970 CA 12
• Docket Number: Criminal Appeal No. 2 of 1970
• Date: 22 June 1970

Court of Appeal

Lewis, C.J.; Lewis, J.A.; St. Bernard, J.A. (Acting)

Criminal Appeal No. 2 of 1970

Anthony

and

The Queen

Appearances:

T.H. Kendall for Appellant

N.O. Jacobs, Attorney General, for Respondent

Criminal law - Appeal against conviction — Evidence — Murder.

Practice and procedure - Trial by jury — Directions to jury

Facts: The question was whether the evidence was sufficient to support the verdict of guilty of murder.

Facts: The issue for determination was whether the judge adequately placed the appellants arguments before the jury.

Held: The question of the sufficiency of evidence was a matter for the jury and they found the evidence sufficient. Appeal dismissed.

Held: The judge placed all possible versions of the events before the jury including that of the appellant and left it up to the jury to decide. Appeal dismissed.

1 Gordon C.J. (Ag.): On the 22nd May, 1970, a jury returned a verdict of guilty against the appellant who was indicted for the murder of Lucille Luke between the 10th and 11th January, 1970. The appellant who was sentenced to death has appealed against this conviction on four grounds, only two of which were argued before this Court. These were:–

• (1) The verdict is unreasonable and cannot be supported having regard to all the evidence.

• (2) The learned trial judge is guilty of misdirection in that he failed to put the facts in favour of the appellant and the argument for the appellant adequately to the jury.

2 The brief facts of the case are as fellows:

3 Some six weeks before the 10th January, 1970, Lucille Luke hereinafter referred to as the deceased, had parted company with the appellant with whom she had lived for about 3 years, and had entered into another relationship, this time with Arthur Edwards in November, 1969.

4 On the 10th January, 1970 at about 6.30 p.m. Arthur Edwards and the deceased met in St. John's and they went try the latter's home arriving there abut 6.40 p.m. They undressed and were lying in bed conversing when the appellant burst open the blind door of the house and entered the room where they were. The deceased dumped out of bed and protested saying she was no longer with him, to get out, that all the furniture in the house had been given her by her man Arthur Edwards. According to Arthur Edwards when the deceased told him this, the appellant struck her a blow to the head with his fist and as he collared her ordered him out of the house. Seeing him with a knife, Edwards who by this had hurriedly put on his clothes left the scene with his shoes in his hands. He went into the town where he arrived at 7.25 p.m. At 9.30 he obtained transport to the Blue Waters Hotel where he worked as a security guard from 10.00 P.m. to 7.30 a.m. on the next day. That same night the appellant went to the home of...